essential facility

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essential facility

A facility in a building that must remain functional for the public good in the event of a major disaster, such as a severe earthquake.
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Those circumstances invite the application of the essential facilities doctrine.
RESPONDING TO CRITICS OF THE ESSENTIAL FACILITIES DOCTRINE
This Part contends that criticisms of the essential facilities doctrine attenuate when rivals invoke the doctrine against a defendant that has withheld data.
While commentators view the above cases as the Court's unofficial application of the doctrine, the essential facilities doctrine did not undergo an elemental description until the Seventh Circuit's treatment in the 1982 case of MCI Communications Corp.
The Seventh Circuit affirmed the district court's finding of liability, (114) and enumerated the essential facilities doctrine in a four-part test:
126) Instead of focusing on whether the plaintiff proved the elements of the essential facilities doctrine expressed in MCI, the Court focused on whether a monopolist has a duty to deal with a competitor, (127) and in the face of such a refusal, whether there is a valid business justification.
The widening of the application and scope of the essential facilities doctrine can have harmful economic effects such as discouraging investment in infrastructure.
2 This is a case that raised the essential facilities doctrine in the context of software licensing.
The case therefore helps to clarify the position that dominance in our law is a critical element to the essential facilities doctrine.
The essential facilities doctrine appears to be deepening its roots within European competition law and, by example, in the laws of many jurisdictions around the world that are modeled on or readily import the patterns of E.
Part II relates the essential facilities doctrine to traditional concepts of monopolization and establishes the correspondence between the concept of an essential facility and that of a public utility or "natural monopoly.
We examine the first kind of injunctive remedy, mandatory access, which the government plaintiffs in the Microsoft case do not explicitly characterize as an application of the essential facilities doctrine.

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