I feel like there's some conceptual drift going on in Kagi's blog post wrt their proposed remedy.
They argue that the search index is an essential facility, and per their link "The essential facilities doctrine attacks a form of exclusionary conduct by which an undertaking controls the conditions of access to an asset forming a ‘bottleneck’ for rivals to compete".
But unlike physical locations where bridges/ports can be built, the ability to crawl the internet is not excludable by Google.
They do argue that the web is not friendly to new crawlers, but what Kagi wants is not just the raw index itself, but also all the serving/ranking built on top of it so that they do not have to re-engineer it themselves.
It's also worth noting that Bing exists, and presumably has it's own index of the web and no evidence has been presented that the raw index content itself is the reason that Bing is not competitive.
They argue that the search index is an essential facility, and per their link "The essential facilities doctrine attacks a form of exclusionary conduct by which an undertaking controls the conditions of access to an asset forming a ‘bottleneck’ for rivals to compete".
But unlike physical locations where bridges/ports can be built, the ability to crawl the internet is not excludable by Google.
They do argue that the web is not friendly to new crawlers, but what Kagi wants is not just the raw index itself, but also all the serving/ranking built on top of it so that they do not have to re-engineer it themselves.
It's also worth noting that Bing exists, and presumably has it's own index of the web and no evidence has been presented that the raw index content itself is the reason that Bing is not competitive.