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Ec Competition Law The Essential Facilities Doctrine
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Book Synopsis Ec Competition Law - the Essential Facilities Doctrine by : Veronica Hagenfeldt
Download or read book Ec Competition Law - the Essential Facilities Doctrine written by Veronica Hagenfeldt and published by GRIN Verlag. This book was released on 2011-04 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scientific Essay from the year 2009 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, University of Edinburgh (School of Law), course: EC Competition Law, language: English, abstract: The first aim of this paper is to establish the Essential Facilities Doctrine's (EFD) undeniable existence in EC law and to determine how its application has evolved over time by analysing the relevant case law. By outlining the legal theory of the EFD, Part I shows that the Doctrine is a well-established competition law remedy within the refusal to supply framework of Article 82 EC. This paper argues that the EFD should be an exceptional measure, only applied after careful balancing of the dominant undertaking's freedom of contract and right to property against the potential benefits to consumer welfare. By investigating how the EFD has been applied practically in refusal to supply case law, the second half of Part I identifies the different criteria under which refusal to grant access to an essential facility was deemed to constitute an abuse, and concludes that the circumstances in which the EFD was initially applied were not consistent. It is submitted that it was not until the Bronner Judgment that the EU institutions began applying the EFD to refusal to supply cases within a coherent and sufficiently strict legal framework. Part II will deal with the second aim of this essay, namely to evaluate the legal evolution of the Doctrine's controversial application to Intellectual Property Rights (IPRs). Because compulsory licensing of IPRs can have grave negative repercussions on innovation and consumer welfare, this paper maintains that the EFD's application to IPRs should be exceptional and subject to the strictest of conditions. It accordingly supports the notion that IPRs require special deference in comparison to physical property rights, and notes that the EFD is applied to IPRs under stricter legal standards than when applied to other property rights.
Book Synopsis EC Competition Law - The Essential Facilities Doctrine by : Veronica Hagenfeldt
Download or read book EC Competition Law - The Essential Facilities Doctrine written by Veronica Hagenfeldt and published by GRIN Verlag. This book was released on 2011-03-30 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scientific Essay from the year 2009 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, University of Edinburgh (School of Law), course: EC Competition Law, language: English, abstract: The first aim of this paper is to establish the Essential Facilities Doctrine’s (EFD) undeniable existence in EC law and to determine how its application has evolved over time by analysing the relevant case law. By outlining the legal theory of the EFD, Part I shows that the Doctrine is a well-established competition law remedy within the refusal to supply framework of Article 82 EC. This paper argues that the EFD should be an exceptional measure, only applied after careful balancing of the dominant undertaking’s freedom of contract and right to property against the potential benefits to consumer welfare. By investigating how the EFD has been applied practically in refusal to supply case law, the second half of Part I identifies the different criteria under which refusal to grant access to an essential facility was deemed to constitute an abuse, and concludes that the circumstances in which the EFD was initially applied were not consistent. It is submitted that it was not until the Bronner Judgment that the EU institutions began applying the EFD to refusal to supply cases within a coherent and sufficiently strict legal framework. Part II will deal with the second aim of this essay, namely to evaluate the legal evolution of the Doctrine’s controversial application to Intellectual Property Rights (IPRs). Because compulsory licensing of IPRs can have grave negative repercussions on innovation and consumer welfare, this paper maintains that the EFD’s application to IPRs should be exceptional and subject to the strictest of conditions. It accordingly supports the notion that IPRs require special deference in comparison to physical property rights, and notes that the EFD is applied to IPRs under stricter legal standards than when applied to other property rights. The second half of Part II investigates the Doctrine’s application to refusal to licence cases. This paper identifies that there has recently been a significant and regrettable attenuation of the abovementioned stricter standards since the criteria of the exceptional circumstances test under which the EFD results in compulsory licensing have been indefensibly widened following the landmark Microsoft Judgment.
Book Synopsis The Essential Facility Doctrine in EC Competition Law by :
Download or read book The Essential Facility Doctrine in EC Competition Law written by and published by . This book was released on 1995 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis EU Competition Law, Data Protection and Online Platforms: Data as Essential Facility by : Inge Graef
Download or read book EU Competition Law, Data Protection and Online Platforms: Data as Essential Facility written by Inge Graef and published by Kluwer Law International B.V.. This book was released on 2016-10-17 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: All are agreed that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised about the market dominance of a few key players. Because these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competition enforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access data on online platforms such as search engines, social networks, and e-commerce platforms – commonly referred to as the ‘gatekeepers’ of the Internet. The question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a ‘refusal to deal’ and lead to competition law liability under the so-called ‘essential facilities doctrine', according to which firms need access to shared knowledge in order to be able to compete. A possible duty to share data with rivals also brings to the forefront the interaction of competition law with data protection legislation considering that the required information may include personal data of individuals. Building on the refusal to deal concept, and using a multidisciplinary approach, the analysis covers such issues and topics as the following: – data portability; – interoperability; – data as a competitive advantage or entry barrier in digital markets; – market definition and dominance with respect to data; – disruptive versus sustaining innovation; – role of intellectual property regimes; – economic trade-off in essential facilities cases; – relationship of competition enforcement with data protection law and – data-related competition concerns in merger cases. The author draws on a wealth of relevant material, including EU and US decision-making practice, case law, and policy documents, as well as economic and empirical literature on the link between competition and innovation. The book concludes with a proposed framework for the application of the essential facilities doctrine to potential forms of abuse of dominance relating to data. In addition, it makes suggestions as to how data protection interests can be integrated into competition policy. An invaluable contribution to ongoing academic and policy discussions about how data-related competition concerns should be addressed under competition law, the analysis clearly demonstrates how existing competition tools for market definition and assessment of dominance can be applied to online platforms. It will be of immeasurable value to the many jurists, business persons, and academics concerned with this very timely subject.
Book Synopsis ESSENTIAL FACILITIES DOCTRINE UNDER EC COMPETITION LAW AND PARTICULAR IMPLICATIONS OF THE DOCTRINE FOR TELECOMMUNICATIONS SECTORS IN EU AND TURKEY. by :
Download or read book ESSENTIAL FACILITIES DOCTRINE UNDER EC COMPETITION LAW AND PARTICULAR IMPLICATIONS OF THE DOCTRINE FOR TELECOMMUNICATIONS SECTORS IN EU AND TURKEY. written by and published by . This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 c︡onvergence’ 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.
Book Synopsis The Application of the Essential Facilities Doctrine in European Community Competition Law by :
Download or read book The Application of the Essential Facilities Doctrine in European Community Competition Law written by and published by . This book was released on 2001 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Essential Facilities Concept by :
Download or read book The Essential Facilities Concept written by and published by . This book was released on 1996 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Essential Facilities Doctrine Under Scrutiny by : Ali A. Massadeh
Download or read book The Essential Facilities Doctrine Under Scrutiny written by Ali A. Massadeh and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essential facilities doctrine requires a monopolist or a dominant firm to provide access to a facility that the monopolist controls and that is deemed necessary for effective competition. The doctrine has received considerable attention by competition lawyers and economists on both sides of the Atlantic. This essay seeks an answer to the existence of the so called “essential facilities doctrine”. This question will be addressed by highlighting the development and the application of the doctrine in the US and the EU. It then brings to light some observations and consequences on the application of the doctrine. Furthermore, it considers the application of the doctrine in regulated industries and more generally the application of competition law where regulators are present in a given industry. This essay concludes that the doctrine does exist. It also offers a suggested test for the application of the doctrine.
Book Synopsis EC Competition Law by : D. G. Goyder
Download or read book EC Competition Law written by D. G. Goyder and published by . This book was released on 1993 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now expanded, thoroughly revised, and up-to-date, the book includes, for the first time, a discussion of the Merger Regulation. Described in the Cambridge Law Journal as "perceptive and readable", and in the European Competition Law Review as "a welcome addition to the literature", this book will continue to be a popular work among students and practitioners of law.
Book Synopsis Access to Bottleneck Telecommunications Facilities and the Doctrine of Essential Facilities in EC Competition Law by : Ricardo Manuel Xavier De Sá Bordalo Junqueiro
Download or read book Access to Bottleneck Telecommunications Facilities and the Doctrine of Essential Facilities in EC Competition Law written by Ricardo Manuel Xavier De Sá Bordalo Junqueiro and published by . This book was released on 2001 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Rethinking the Essential Facilities Doctrine for the EU Digital Economy by : Inge Graef
Download or read book Rethinking the Essential Facilities Doctrine for the EU Digital Economy written by Inge Graef and published by . This book was released on 2019 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the essential facilities doctrine has not been applied recently anymore in EU competition enforcement, it is regularly referred to in EU policy discussions as a tool to open up markets in which 'tech giants' act as gatekeepers to consumers. Considering that the digital economy is not anymore driven by physical infrastructures, such as the bridges in the US Terminal Railroad case from which the essential facilities doctrine originates, other assets like data or rankings as the backbone of many digital markets may form the subject of essential facilities claims. Access to data or being ranked by an online platform can now be essential for businesses to compete in the market.Against this background, the paper explores whether there should be more room for competition interventions under the essential facilities doctrine in the digital economy, considering market characteristics, as well as the recent Google competition cases seemingly bypassing the essential facilities doctrine, and legislative and policy developments regulating access outside EU competition law. It is put forward that the essential facilities doctrine should be rethought in order to be effectively applied in the EU digital economy, in particular by aligning its application with the underlying economic interests.
Book Synopsis EC Competition Law and the Computing Industry by : Mark Furse
Download or read book EC Competition Law and the Computing Industry written by Mark Furse and published by . This book was released on 2000 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work focuses on people working in the computer industry, whether lawyers or computer professionals, and explains the relevant principles, prohibitions and penalties of EC competition law. Topics covered include: primary markets and aftermarkets; predatory innovation; and e-commerce, outline of EC competition law, lawy relting to research and development, standards setting, technology transfer and software licensing, primary markets versus aftermarkets, predatory innovation, undertakings given to the EC commission by IBM and Digital, doctrine of essential facilities, and discussion of the Microsoft case.
Book Synopsis An Introductory Guide to EC Competition Law and Practice by : Valentine Korah
Download or read book An Introductory Guide to EC Competition Law and Practice written by Valentine Korah and published by . This book was released on 1893 with total page 1404 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis EC Competition Law by : Alison Jones
Download or read book EC Competition Law written by Alison Jones and published by Oxford University Press, USA. This book was released on 2008 with total page 1526 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ideal for students taking a course on competition law in its European context, this book guides students through a wide range of carefully selected cases and materials with exceptional analysis and comment. The selection of writings has been chosen to present the most important perspectives on the subject as well as the broader socio-economic context of EC competition law. This third edition has been fully updated with all the recent developments within EC Competition Law since 2004, including coverage of the review of Article 82 and the green paper on damages, as well as further information on US anti-trust law. Each chapter now begins with a 'central issues' section which helps students to focus and direct their learning. Editions are kept up-to-date via an accompanying Online Resource Centre which also contains relevant weblinks and material including an additional chapter on State Aids. Combining the strengths of a modern textbook and traditional materials book, Cases and Materials on EC Competition Law provides a wide-ranging and thorough guide to the study of Competition Law, enabling students to engage with both legal and economic aspects and making it ideal for both under and postgraduate courses on EC Competition Law
Book Synopsis The Antitrust Paradox by : Robert Bork
Download or read book The Antitrust Paradox written by Robert Bork and published by . This book was released on 2021-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
Book Synopsis Essential Facilities Doctrine on Intellectual Property Rights: a Comparison of the Approaches from the United States of America, the European Union and China by : Cibele Martins Zwicky
Download or read book Essential Facilities Doctrine on Intellectual Property Rights: a Comparison of the Approaches from the United States of America, the European Union and China written by Cibele Martins Zwicky and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Essential Facilities Doctrine and User Data by : Malika Hofer
Download or read book Essential Facilities Doctrine and User Data written by Malika Hofer and published by . This book was released on 2018 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:
