This paper provides a critical assessment of the development of the essential facilities doctrine in European Commission (EC) competition law.
Written in 2005; 2,581 words; 10 sources; APA; $ 78.95
Paper Summary:
This paper begins by establishing the context and framework within which the doctrine of "essential facilities" operates, as part of the general principles of 'refusal to supply' market abuse by dominant undertakings under Article 82 of the competition law. The writer then analyses the precise nature of the relationship between the two through discussion of relevant case-law. The writer then considers the origins of the doctrine in EC competition law, which has been closely linked with the liberalisation of the transport and utilities sectors. Key criticisms of the doctrine are then considered, and finally relevant conclusions regarding its development are made.
From the Paper:
"Following this, it may be seen that the general application of the refusal to supply principle is sufficient by itself to deal with this particular form of Article 82 abuse, and as such there is no need for a doctrine of essential facilities. It is clear that some commentators subscribe to this idea, whilst others disagree; Temple Lang for one considered that the notion of an essential facilities doctrine was of absolute necessity in facilitating competition in the telecommunications sector by providing access to the publicly owned infrastructure, where there existed no actual trade or access negotiation as a result of conferred monopoly rights. Additionally, the fact that the refusal to supply doctrine can be used in situations where the supply is not actually 'essential' because of the existence of alternate sources (but necessary to maintain effective competition) makes it appear sensible to have a somewhat separate principle that can be applied in those circumstances where access to a facility is fundamentally essential to an undertaking."
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