Essential facilities doctrine e mercados digitais: características, aplicações e impactos no âmbito do direito da concorrência

• Autor(a) principal: Oliveira, Gabriela Campos de
• Data de Publicação: 2022
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/31682
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Mercados digitais; Big data; Plataformas; Essential facilities; Portabilidade de dados; Digital markets; Big data; Platforms; Essential facilities; Data portability

This work has as its central point the discussion about the possibility of extending the essential facilities doctrine to the context of digital markets, notably to digital platforms, assuming big data – as well as platforms itself – as a necessary asset, since data constitutes the main competitive advantage in commercial dynamics nowadays. Therefore, it adressess the characteristics, applications and impacts of such extension in the technological context, considering all factors inherent to the digital economy. It is also discussed aspects like the economic power of Big Techs and the potential that data has to increase market power to abusive levels. Additionally, the paper discusses data portability and its relation to the essential facilities theory, as well as its applicability as an antitrust remedy. In conclusion, the eventual incidence of the doctrine in question is possible, provided that in a remodeled and renewed version. Likewise, the application must be made with prudence and caution and considering the factual scenario of each specific case. Furthermore, it is important to emphasize that the obligation to share should only be imposed if the mandatory requirements are fulfilled and if an antitrust violation is verified. One should always always take as a premise the idea that refusal to grant access can only be deemed reprehensible in exceptional circumstances, so that companies do not lose the incentive to innovate