Des critères d'application de la théorie des facilités essentielles dans le cadre de la politique de concurrence européenne
The essential facilities doctrine (EFD) involves antitrust liability for a dominant firm, when an access refusal to one of its asset could exclude an actual or a potential competitor from the market. First used for network industries? infrastructures, the EFD was progressively extended to intangible assets, as intellectual property rights, as Magill, IMS or Microsoft cases show it. The European practices sharply contrast with US Antitrust positions. Mandatory access decisions could induce significant adverse effects on investment incentives for both dominant firm and its competitors. In order to assess such risks, we analyzed in this paper the criteria used in the European competition case law. We highlight the potential consequences of their ambiguity and their subsequent plasticity. We consider that such characteristics could be both analyzed in terms of legal uncertainty, in terms of legal resources for corporate strategies or in terms of additional room for competition authorities? discretional interventions
Volume (Year): L (2011)
Issue (Month): 4 ()
|Contact details of provider:|| Web page: http://www.cairn.info/revue-reflets-et-perspectives-de-la-vie-economique.htm|
When requesting a correction, please mention this item's handle: RePEc:cai:rpvedb:rpve_504_0197. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Jean-Baptiste de Vathaire)
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.