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IX Semester (Project) Turnitin.
IX Semester (Project) Turnitin.
24 Pages 161.1KB
Nov 16, 2022 7:26 PM GMT+5:30 Nov 16, 2022 7:28 PM GMT+5:30
Summary
despite the sellers can do sell their products/services ontheir own websites. This point to the fact
the due to its wide range access, these platforms have become a necessity, with wider
geographical range.
VII. CONCLUSION
One can see that the applicability of the Essential Facilities Doctrine in the Digital Economy
has been through a roller coaster ride as the essence of the doctrine has not been able to cope
up with the ever-changing dynamics of the digital world. As we have seen the latest application
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of the Essential Facilities Doctrine has been in the infrastructure sector and not even in the
digital space. The answer to the question is yet under scrutiny as the importance has not been
felt. The already existing Competition abuses, like refusal to deal or denial of access, have
been sufficient to garb under them the possibilities o f s u c h n a t u r e .
The confusion which has stemmed into this arena is not fading away, it seems. The reluctance
is real. The problem lies in the rudimentary definition of Essential Facility which has been
provided. One cannot get away from the fact that the reliance has mostly been shied away
because of established tests which played greater emphasis on the physical infrastructure in the
past. The next problem which seems to arise in this setting is that the biggest hindrance in
applying this doctrine in the digital platform setup will hinder innovation. As was put
down in the Epic Games case, where Apple took the plea that if non-discriminatory access is
allowed to competitors, such practices in the idea to garner competition will hamper
competition, in the long run. As the motive behind the competition, is to foster competition in
all strata then to remove competition at all. This doctrine has been criticized by various
reviewers and authors of being rudimentary to the competition approach. That is the reason
while essential facility-like remedies are the go-to remedies for Competition watchdogs across
the globe by stretching the concepts of refusal to supply and denial of access and under
theories of harm. It is although not a problem to envisage the doctrine under the Digital
Economy if requisite definition for essential facility is provided.
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