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Licensed Unlicensed Requires Authentication Published by De Gruyter April 27, 2007

Essential Facility Access in Europe: Building a Test for Antitrust Policy

  • Angelo Castaldo and Antonio Nicita
From the journal Review of Law & Economics

Abstract

This paper investigates the evolution of competition policy decisions in the US and, particularly, in the EU, concerning mandatory access to an essential facility held by a dominant firm. Based on some recent and controversial EU antitrust decisions, we outline a comprehensive test for identifying an essential facility and consequently imposing a mandatory access obligation on dominant firms.

Published Online: 2007-04-27

©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston

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