I contend that the essential facilities doctrine
sometimes should require open access to data.
Specifically, the focus of this note will be that the essential facilities doctrine
, a doctrine deemed largely dormant by the U.
Czapracka argues that this approach seems to be premised on the EC's commitment to the essential facilities doctrine
A breaking point in the evolution of the essential facilities doctrine
in Europe occurred in 1998, when the ECJ described explicitly the set of circumstances under which a dominant firm will be obligated to grant access to their facilities to competitors.
The essential facilities doctrine
promised a magic bullet for the cure of natural monopoly: remove the power of the owner of the bottleneck to throttle competition via its control of that facility so that competition can flourish unfettered by the monopolist.
Content also covers the future organization of the European courts, intellectual property protection, environmental law, EC competition law enforcement, and limiting the scope of the Essential Facilities doctrine
This issue is highly relevant for the discussion of the intersection between IP and antitrust, as the essential facilities doctrine
forms a framework for curbing overbroad IPRs in the EU.
4) The Trinko Court also left intact the essential facilities doctrine
as it existed pre-Trinko, refrained from adopting any behavioral or legal test for anticompetitive conduct, and seemed to employ a case by case approach to disputes at the interface of antitrust and regulation.
In order to respond to the questions set forth by the Frankfurt District Court, the ECJ considered previous judgments pertaining to the essential facilities doctrine
in order to determine whether the 1860 brick structure constitutes an essential, or indispensable, facility such that IMS's refusal to license it constituted a violation of Article 82(b).
This Article argues that the essential facilities doctrine
presents a duty to deal framework that is both coherent and limited.
Terminal Railroad Association, the essential facilities doctrine
has been applied to a wide variety of business contexts--from football stadiums to the New York Stock Exchange.
For future plaintiffs the Court's lukewarm reference to the essential facilities doctrine