Essential Facilities Doctrine
The essential facility doctrine is a disputed concept in the field of competition law enforcement. According to this doctrine while a dominant operator controls an asset that its competitors cannot bypass to access the market because of its natural monopoly situation or because the unreasonableness of its replication in financial or in technical terms, it may be bound to provide them an access in fair, reasonable, and nondiscriminatory terms. This approach may lead to far reaching remedies and is all the more challenged that it is also implemented to intangible assets.
The essential facilities doctrine (hereafter the EFD) stems from the notion of market failure and, even more specifically, from the concept of natural monopoly. The EFD may be used in a situation in which an economic operator access to the market exclusively depends on the decision of a facility owner without any available alternative. The facility owner may be one of its competitors in the...
- Areeda P (1990) essential facilities: an epithet in need of limiting principles. Antitrust Law J 58:841Google Scholar
- Bork R (1978) The antitrust paradox. Free Press, New YorkGoogle Scholar
- Carlton D, Heyer K (2008) Assessing single-firm conduct. Comp Policy Int 4(2):285–305Google Scholar
- de Hauteclocque A, Marty F, Pillot J (2011) The essential facilities doctrine in European competition policy: the case of the energy sector. In: Glachant J-M, Finon D, de Hauteclocque A (eds) Competition, contracts and electricity markets: a new perspective. Edward Elgar, London, pp 259–292Google Scholar
- Geradin D (2004) Limiting the scope of Article 82 of the EC treaty: what can the EU learn from the US Supreme Court’s Judgment in Trinko in the Wake of Microsoft, IMS, and Deutsche Telekom. Common Mark Law Rev 41:1519–1533Google Scholar
- Ridyard D (2004) Compulsory access under EU competition law: a new doctrine of “convenient facilities” and the case for price regulation. Eur Comp Law Rev 11:669–674Google Scholar
- Stigler GJ (1968) The organization of industry. University of Chicago Press, ChicagoGoogle Scholar