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Essential Facilities Doctrine

Author

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  • Frédéric Marty

    (GREDEG - Groupe de Recherche en Droit, Economie et Gestion - UNS - Université Nice Sophia Antipolis (1965 - 2019) - CNRS - Centre National de la Recherche Scientifique - UniCA - Université Côte d'Azur)

Abstract

The essential facility doctrine is a disputed concept in the field of competition law enforcement. According to this doctrine, while a dominant operator controls an asset that its competitors cannot bypass to access the market because of its natural monopoly situation or because the unreasonableness of its replication in financial or in technical terms, it may be bound to provide them access in fair, reasonable, and nondiscriminatory terms. This approach may lead to far-reaching remedies and is even more challenged that it is also implemented to intangible assets.

Suggested Citation

  • Frédéric Marty, 2023. "Essential Facilities Doctrine," Post-Print halshs-04201377, HAL.
    • Handle: RePEc:hal:journl:halshs-04201377
    DOI: 10.1007/978-1-4614-7883-6_659-2
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    Cited by:

    1. Frédéric Marty, 2014. "Towards an Economics of Convention-based Approach of the European Competition Policy," GREDEG Working Papers 2014-06, Groupe de REcherche en Droit, Economie, Gestion (GREDEG CNRS), Université Côte d'Azur, France.

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