CASE COMMENTS: UNILATERAL PRACTICES - EUROPEAN UNION - DIGITAL MARKETS - CRITICAL INFRASTRUCTURE

Critical infrastructures: The Commissioner for Competition clarifies, in response to a parliamentary question, the implementation conditions of the essential facilities doctrine to online platforms

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The theory of critical infrastructure, which stems from the decision-making practice of the American Supreme Court with the Terminal Railroad Association decision of 1912 (United States v. Terminal Railroad Ass'n, 224 U.S. 383 (1912)), has been adopted by European case law, even though the Supreme Court rejected it outside the scope of competition in the Trinko decision of 2004 (Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, LLP, 540 U.S. 398 (2003)). This theory requires a dominant operator to give its competitors access to an asset under its control that is indispensable to their activity on the market and that they cannot replicate

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Authors

  • University of Aix-Marseille
  • Côte d’Azur University, GREDEG (Nice)

Quotation

Marie Cartapanis, Frédéric Marty, Critical infrastructures: The Commissioner for Competition clarifies, in response to a parliamentary question, the implementation conditions of the essential facilities doctrine to online platforms, 31 March 2020, Concurrences N° 3-2020, Art. N° 96151, pp. 98-99

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