Ana Frazão analyzes the new contours of the right of access in the digital world
In article published on September 24, 2026 in the column Constitution, Company and Market, from the portal JOTA, Professor Ana Frazão discusses how technological advances are transforming the debate on the right of access. This subject has traditionally been dealt with by competitive and regulatory law based on the doctrine of essential facilities.
From physical bottlenecks to digital ecosystems
In the article, the teacher shows that competitive bottlenecks are no longer limited to physical infrastructure. They include platforms, operating systems, APIs, app stores, data sets, means of payment, cloud infrastructure and ranking. In this scenario, it's not enough to be on the platform. Positioning and visibility are decisive for rivalry.
Highlighted phrase:
"In the digital economy, the focus of the discussion ceases to be on those who own the infrastructure and move to those who have the governance of the technological ecosystem."
Data, interoperability and algorithmic governance
The text also addresses:
- the debate on considering personal data as essential facilities;
- the practical challenges of data sharing;
- the role of interoperability;
- the risks of lack of transparency in algorithmic governance, especially when the infrastructure holder competes with the users themselves.
The author also deals with the regulation ex antewith Digital Markets Act European and PL 4675/2025, known as "Brazilian DMA". It also mentions the new challenges brought by artificial intelligence and the green transition.
"It seems that we need a regulatory package that goes beyond competitive issues, and even with regard to them, it may require other approaches than that offered by traditional antitrust control of conduct."
The article reinforces Ana Frazon's contribution to the debate on competition, regulation and digital economy.
🔗 Read the full article in JOTA: https://www.jota.info/opiniao-e-analysis/columns/company-and-market/access-right-in-the-world-digital
