Essential Facilities Doctrine

Frédéric Marty

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Abstract: 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 access in fair, reasonable, and nondiscriminatory terms. This approach may lead to far-reaching remedies and is even more challenged that it is also implemented to intangible assets.

Keywords: Essential facilities doctrine; antitrust; remedies; Abuse of a dominant position (search for similar items in EconPapers)
Date: 2023-08-18
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Published in Encyclopedia of Law and Economics, 2023, pp.1-10. ⟨10.1007/978-1-4614-7883-6_659-2⟩

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Working Paper: Essential Facilities Doctrine (2018)
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Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:halshs-04201377

DOI: 10.1007/978-1-4614-7883-6_659-2

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