Natural Monopolies in Antitrust, Patent, and Copyright Law: The Essential Facilities, Reverse Doctrine of Equivalents, and Originality Doctrines as Triggers for a Compulsory Licensing Remedy

Abstract

I argue that when a natural monopoly exists, the natural monopoly holder - whether an accused monopolist under antitrust law, or a copyright or patent owner under intellectual property law - should be subject only to a liability rule of compulsory licensing, no more and no less. While the essential facility doctrine of antitrust law already reflects this rule, the reverse doctrine of equivalents in patent law and the Feist originality doctrine in copyright law have not yet been applied in this way. Thus, this paper represents both a summary of existing law and an agenda for shaping its development in the future.