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Author :
Publisher :
ISBN 13 :
Total Pages : 69 pages
Book Rating : 4.:/5 (951 download)
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:
Author : Veronica Hagenfeldt
Publisher : GRIN Verlag
ISBN 13 : 3640880854
Total Pages : 69 pages
Book Rating : 4.6/5 (48 download)
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.
Author : Veronica Hagenfeldt
Publisher : GRIN Verlag
ISBN 13 : 3640880684
Total Pages : 32 pages
Book Rating : 4.6/5 (48 download)
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.
Author : Inge Graef
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041183256
Total Pages : 442 pages
Book Rating : 4.0/5 (411 download)
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.
Author : Cibele Martins Zwicky
Publisher :
ISBN 13 : 9783725579587
Total Pages : pages
Book Rating : 4.5/5 (795 download)
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:
Author :
Publisher :
ISBN 13 :
Total Pages : 31 pages
Book Rating : 4.:/5 (951 download)
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:
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.
Author : Malika Hofer
Publisher :
ISBN 13 :
Total Pages : 62 pages
Book Rating : 4.:/5 (14 download)
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:
Author : Ali A. Massadeh
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
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.
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Publisher :
ISBN 13 :
Total Pages : 144 pages
Book Rating : 4.:/5 (318 download)
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:
Author : Ryan Murphy
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (111 download)
Download or read book An Analysis of the Commission's Microsoft Decision and Its Impact on the Essential Facilities Doctrine in European Competition Law written by Ryan Murphy and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Nikos Th Nikolinakos
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124691
Total Pages : 722 pages
Book Rating : 4.0/5 (411 download)
Download or read book EU Competition Law and Regulation in the Converging Telecommunications, Media and IT Sectors written by Nikos Th Nikolinakos and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the most thoroughgoing model yet offered to ensure the emergence of a genuinely competitive electronic communications industry in Europe. In the course of its in-depth analysis the discussion focuses on such factors as the following: EU telecommunications policy as revealed in liberalization and harmonization legislative measures; the EU electronic communications framework; case law covering issues of refusal to supply and the essential facilities doctrine; application of Article 82 EC to bottlenecks; specific types of an undertakings unilateral behaviour that may often occupy NRAs and competition authorities in the context of their ex post competition law investigations under Article 82 EC; strategic alliances and mergers in the move toward multimedia; access to premium content and the emergence of new media; the scope of content regulation in the online environment; and broadband (regulation of local loop unbundling and bitstream access). The book also provides practical guidance on issues concerning the complicated market definition and analysis mechanism promulgated by the European Commission's Recommendation and Guidelines.
Author : Rosa Greaves
Publisher : Routledge
ISBN 13 : 1351776940
Total Pages : 477 pages
Book Rating : 4.3/5 (517 download)
Download or read book Competition Law written by Rosa Greaves and published by Routledge. This book was released on 2017-11-30 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was published in 2003. Competition/anti-trust law, as a separate body of law, is very much a creation of the 20th century and grew only in maturity in the latter half of that century. As developments in US anti-trust law have had, and continue to have, an important influence on the development of competition law in Europe and worldwide, articles have been selected for this collection from both sides of the Atlantic. The volume focuses on the following aspects: the objectives and nature of competition law, the scope of competition law, selected legal concepts and challenges in competition law, and the global application of competition law.
Author : Veronica Hagenfeldt
Publisher : GRIN Verlag
ISBN 13 : 3640880897
Total Pages : 61 pages
Book Rating : 4.6/5 (48 download)
Download or read book The Contestable and Potentially Harmful Conclusions of the 'Microsoft' Case written by Veronica Hagenfeldt and published by GRIN Verlag. This book was released on 2011-04 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2009 in the subject Law - Media, Multimedia Law, Copyright, grade: Distinction, University of Edinburgh (School of Law), course: Master Thesis in the LLM in European Law Programme, language: English, abstract: In what has been described as the most important competition law case in EU history the CFI upheld the Commission's finding that Microsoft was guilty of committing two infringements of EC competition law: illegitimately to have refused to supply intellectual property (IP) protected interoperability information to competing workgroup server operating systems (WGSOS), and to have performed an illegal tie of its Windows Media Player (WMP) to its dominant operating system. Microsoft has been labelled "the biggest encroachment on intellectual property in European competition law history" and it is accused of hampering innovation and interfering with beneficial product integration by applying an anachronistic form-based tying test. In the opinion of the author the Judgment is an esoteric masterpiece of obfuscation that despite its considerable volume does little to provide legal certainty regarding the conditions under which compulsory licensing of IP rights (IPRs) will occur, or when technical integration will be deemed legal. Microsoft is of ever-increasing relevance for legal academics and undertakings alike for several reasons: First, since it is the most high profile ruling on the two most controversial issues within EC competition law - compulsory licensing of IPRs and tying - the Judgment will be a fundamental point of reference, especially amid claims that competition authorities' concerns regarding the acquisition and use of IPRs are increasing and that legitimate worries of IP owners (IPOs) are accordingly engendered. Second, high tech markets are increasingly important to consumers and to the global economy, and Microsoft is the "focal point for the ongoing debate about the future direction of the software business" because i
Author : Pierre Larouche
Publisher : Hart Publishing
ISBN 13 : 184113144X
Total Pages : 505 pages
Book Rating : 4.8/5 (411 download)
Download or read book Competition Law and Regulation in European Telecommunications written by Pierre Larouche and published by Hart Publishing. This book was released on 2000-05-24 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using numerous practical examples,this book examines the evolution of EC telecommunications law following the achievement of liberalisation, the main policy goal of the 1990s. After reviewing the development of regulation in the run-up to liberalisation, the author identifies the methods used to direct the liberalisation process and tests their validity in the post-liberalisation context. A critical analysis is made of the claim that competition law will offer sufficient means to regulate the sector in the future. Particular emphasis is given to the way in which EC Competition Law changed in the 1990s using the essential facilities doctrine, an expansive non-discrimination principle and the policing of cross-subsidisation to tackle what were then thought of as regulatory matters. Also examined within the work is the procedural and institutional interplay between competition law and telecommunications regulation. In conclusion, Larouche explores the limits of competition law and puts forward a long-term case for sector-specific regulation, with a precise mandate to ensure that the telecommunications sector as a whole fulfils its role as a foundation for economic and social activity.
Author : Adrien de Hauteclocque
Publisher : Edward Elgar Publishing
ISBN 13 : 085793774X
Total Pages : 225 pages
Book Rating : 4.8/5 (579 download)
Download or read book Market Building through Antitrust written by Adrien de Hauteclocque and published by Edward Elgar Publishing. This book was released on 2013-12-27 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: By mixing legal, political and economic perspectives, this book will appeal to a wide range of readers from academia in law, economics and political science, regulatory and competition authorities, as well as legal and consulting practices and business
Author : Angelo Castaldo
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Essential Facility Access in Us and EU written by Angelo Castaldo and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper investigates the economic rationale in defining an essential facility also considering the evolution of competition policy decisions in US and EU. In particular, we propose a test to distinguish between an abusive refusal to deal by a dominant firm and the application of the essential facility doctrine. We apply the test to a specific antitrust case regarding the railway sector in Italy. We conclude that in the GVG/FS case the European Commission went too far in defining incumbent's locomotives as an essential facility for competitors to enter the Italian market. In our view, the Commission's application of the essential facility doctrine in that case was redundant with respect to sanction a simple refusal to deal and had the potential to reduce consumers welfare.
