LAW AND ECONOMY : ESSENTIAL FACILITIES DOCTRINE - INCREASING SCOPE - CONSEQUENCES - DOMINANT FIRMS

Regulated access and access to essential facilities: Is it now time for a review?

This paper is derived from a seminar held by Concurrences review in Paris on 11 January 2011 together with the author and Mrs Valérie Meunier, member of the Chief Economist team of the Competition Authority, and M. David Spector, economist, MAPP. The author calls for a limitation of the ambit given to the essential facilities theory taking into account the increasing scope of this notion and its consequences for dominant firms.

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. I. From the origin of antitrust to its borders 1. The origin of critical infrastructure theory can be traced to the birth of antitrust in the United States. The theory was developed as early as 1912, in the Supreme Court decision, US v. Terminal Rail Association of Saint Louis [1]. In this case, the Terminal Railroad Association, then a consortium of 38 railroad companies, controlled a rail node in the city of Saint Louis. When asked to rule on the consortium's refusal to allow independent companies to pass through this strategic point, the Supreme Court ruled that the consortium could not, except in contravention of section 1 of the Sherman Act,

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Olivier Fréget, Regulated access and access to essential facilities: Is it now time for a review?, May 2011, Concurrences N° 2-2011, Art. N° 36097, www.concurrences.com

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