IDEAS home Printed from
   My bibliography  Save this article

Des critères d'application de la théorie des facilités essentielles dans le cadre de la politique de concurrence européenne


  • Frédéric Marty
  • Julien Pillot


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

Suggested Citation

  • Frédéric Marty & Julien Pillot, 2011. "Des critères d'application de la théorie des facilités essentielles dans le cadre de la politique de concurrence européenne," Reflets et perspectives de la vie économique, De Boeck Université, vol. 0(4), pages 197-221.
  • Handle: RePEc:cai:rpvedb:rpve_504_0197

    Download full text from publisher

    File URL:
    Download Restriction: free

    File URL:
    Download Restriction: free

    Other versions of this item:

    More about this item


    Access and download statistics


    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. 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). General contact details of provider: .

    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.

    We have no references for this item. You can help adding them by using 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 RePEc Author Service 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.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.