Tag: Essential Facility
Essential Facilities and the Zombie Apocalypse
At its core, the essential facilities doctrine (“EFD”) invariably involves property rights. The idea is that a party that indisputably owns rights to certain...
Essential Facilities and the Law of the Hammer
The essential facilities doctrine has received a resurgence of interest recently, especially with regard to platform markets. Many references to the doctrine exaggerate its...
Dispelling Myths: The Essential Facilities Doctrine in the Digital Economy
The essential facilities doctrine is back. Yet, despite its recent endorsements, the doctrine’s criticisms linger. They range from allegations that monopolies lack incentives to...
Trinko Meets Microsoft: Leverage and Foreclosure in Platform Refusals to Deal
Large platforms are often accused of refusing to serve (or discriminating against) competing sellers in adjacent product markets. Antitrust law labels such activity a...
The Essential Facilities Doctrine: From Locomotives to Search Engines
The Essential Facilities doctrine began as an effort to balance the efficiency of asset-sharing against the need to promote competition. In practice, however, judges...
Portability, not Doctrine, is Key to Unlock User Agency for Data
Data is of central importance for users of digital services, and for many years has been the subject of significant attention in the realm...
Revival of the Essential Facility Doctrine is not Essential; Joint Agency...
The Executive Branch, Congress, and the federal enforcement agencies are focused on the competitive impact of large, allegedly dominant technology platform companies. The House’s Competition...
Big Data as a Misleading Facility
Posted by Social Science Research Network
Big Data as a Misleading Facility
By Giuseppe Colangelo (LUISS Guido Carli) & Mariateresa Maggiolino (Bocconi University)
Abstract: Currently, many...
