Digital and essential facilities

Roundtable Chair Debate

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Amphitheatre 5 (2nd floor), Paris-Dauphine University

From 8.30am to 10am 

Invented by American law, the concept of "essential facility" is based on the idea that an operator in a dominant position on a market and in possession of resources that cannot be reproduced under reasonable economic conditions may be forced to allow its competitors access to this resource in order to protect competition on a downstream, upstream or complementary market. It places strong limits on both contractual freedom and property rights. It must therefore be justified on the grounds of its favourable economic effects for users or on innovation, and it must be regulated to ensure that the intervention of the public authority does not have the effect of discouraging investment or even threatening the existence of certain operators.

The digital transformation of the economy is renewing the debate, particularly around the financing of infrastructure development in the digital economy - this is the economic dimension of the debate on net neutrality -, the use of user data as part of open-data policies, and the competitive bias potentially generated by the manipulation of certain algorithms (the debate on platform fairness).

Given the global nature of a number of markets and operators, ongoing innovation, and some fragile market shares - competition is one click away! -What are the needs and scope for manoeuvre in terms of regulation? What coordination is needed between sector regulators in Europe? How do sectoral regulations fit in with competition policy? Can new regulations based on reputation be imposed? These will be some of the questions addressed at this breakfast.

Speakers

Godefroy BEAUVALLET | Vice-Chairman, National Digital Council

Pierre MESSULAM | Executive Vice President, Transilien SNCF

Pierre PETILLAULT | Deputy Director of Public Affairs, Orange

The debate will be moderated by Eric BROUSSEAU, Scientific Director, Governance and Regulation Chair.

 

*** Download the summary of this round table *** (French)

Watch the video presentations (French) :

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