Can Digital Data be Replaced? Data Substitutability is the Key

The question of whether digital data constitute a barrier to entry or an essential facility does not admit a “one-size-fits-all” answer: only a case-by-case assessment of whether digital data have viable substitutes will allow the antitrust law interpreter understanding whether digital data fall within one of the categories. Therefore, the real question becomes “do digital data have viable substitutes?” In order to answer that question, a thorough assessment of the needs and uses that th