Essential Facilities Doctrine

The Antitrust Bulletin, 2001

Multi-dimensional Approaches Towards New Technology, 2018

papers.ssrn.com

Fordham Intellectual Property Media and Entertainment Law Journal, 2001

SSRN Electronic Journal

Information Economics and Policy, 2004

We consider compulsory licensing of intellectual property as a remedy for anti-competitive practices. We identify aspects of intellectual property that could warrant a different remedy from those developed for access to physical essential facilities. Based on the analysis, we ...

SSRN Electronic Journal, 2000

In this study, the origin and main parameters of the Essential Facilities Doctrine are analysed through the case-law that developed out of the application of the EC Competition Rules. Besides putting forward the historical roots, the basic criteria and limitations that apply to the Doctrine are elaborated so as to clarify the legal and analytical foundations of the Doctrine in the EU context. In addition, the added value attributed to the Doctrine in realm of competition policies pursued in network-based industries is expounded with special emphasis on telecommunications sectors. With this regard, the potential role of EFD against the challenging effects of ‘convergence’ phenomenon and the technological changes is discussed. At last, the effects of EFD on the competitive dynamics of Turkish telecommunications sector which is undergoing a liberalisation process are also examined with the accompanied Turkish case-law.

The telecommunications system went through a huge transformation during the 1990’s going from a constitutional based state monopoly to a private competitive structure, which required the creation of an independent regulatory body, ANATEL. This essay analyzes the consequences of this transformation as well as the application of the essential facilities doctrine in Brazil.