Download e-book for kindle: EC Competition Law - The Essential Facilities Doctrine: To by Veronica Hagenfeldt

By Veronica Hagenfeldt

ISBN-10: 3640880854

ISBN-13: 9783640880850

medical Essay from the yr 2009 within the topic legislations - Civil / deepest / exchange / Anti belief legislation / company legislation, collage of Edinburgh (School of Law), direction: EC pageant legislation, language: English, summary: the 1st objective of this paper is to set up the basic amenities Doctrine’s (EFD) indisputable life in EC legislation and to figure out how its software has advanced through the years through analysing the correct case legislation. through outlining the felony thought of the EFD, half I exhibits that the Doctrine is a well-established pageant legislations treatment in the refusal to provide framework of Article eighty two EC. This paper argues that the EFD might be a very good degree, in basic terms utilized after cautious balancing of the dominant undertaking’s freedom of agreement and correct to estate opposed to the capability advantages to customer welfare. by way of investigating how the EFD has been utilized virtually in refusal to provide case legislations, the second one half half I identifies different standards less than which refusal to supply entry to an important facility was once deemed to represent an abuse, and concludes that the situations within which the EFD used to be before everything utilized weren't constant. it really is submitted that it used to be now not till the Bronner Judgment that the ecu associations started employing the EFD to refusal to provide instances inside of a coherent and sufficiently strict criminal framework.

Part II will care for the second one goal of this essay, specifically to guage the felony evolution of the Doctrine’s debatable program to highbrow estate Rights (IPRs). simply because obligatory licensing of IPRs could have grave damaging repercussions on innovation and client welfare, this paper keeps that the EFD’s program to IPRs may be unparalleled and topic to the strictest of stipulations. It for that reason helps the proposal that IPRs require specified deference compared to actual estate rights, and notes that the EFD is utilized to IPRs below stricter criminal criteria than whilst utilized to different estate rights. the second one 1/2 half II investigates the Doctrine’s program to refusal to licence instances. This paper identifies that there has lately been an important and regrettable attenuation of the abovementioned stricter criteria because the standards of the outstanding situations try out less than which the EFD leads to obligatory licensing were indefensibly widened following the landmark Microsoft Judgment.

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EC Competition Law - The Essential Facilities Doctrine: To what extent is the Essential Facilities Doctrine established in Community law and how has its ... under Article 82 EC evolved over time? by Veronica Hagenfeldt


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