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The doctrine of essential facilities
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| Submitted: Thu Jul 11 2002
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Table of Contents I. INTRODUCTION 2 II. EVOLUTION OF THE DOCTRINE IN USA JURISPRUDENCE. 3 III. EVOLUTION OF THE ESSENTIAL FACILITIES DOCTRINE IN THE EUROPEAN UNION: UNILATERAL REFUSAL TO SUPPLY UNDER ART.82 3 IV. THE REFUSAL TO SUPPLY AND INTELLECTUAL PROPERTY RIGHTS: IS MAGILL AN ESSENTIAL FACILITY CASE? 3 V. THE APPLICATION OF THE ESSENTIAL FACILITIES DOCTRINE IN EU CASES 3 VI. THE TURNING POINT: OSCAR BRONNER 3 VII. ASSESSMENT OF THE BRONNER DECISION 3 VIII. ESSENTIAL FACILITIES DOCTRINE: A CRITIQUE 3 IX. CONCLUSION 3 BIBLIOGRAPHY 3 I. Introduction The doctrine of essential facilities, as evolved through the application of Article 82 EC and specifically the prohibition of the refusal to supply, has generated a major debate as to whether it is essential in order to stimulate the competition process to oblige the owner of a facility that cannot practically be duplicated by would-be competitors, to share it on non-discriminatory terms. The objective of this paper is to provide a theoretical analysis of the doctrine as well as...
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