The Essential-Facilities-Doctrine in the USA, EC and Switzerland with a Special Focus on FRAND

Abstract

There have been many books, essays and decisions by courts about the Essential-Facilities-Doctrine, especially since the famous decision of US Supreme Court on United States v. Terminal Railroad Ass’s in 1912.

In this paper I give an overview about the Essential-Facilities-Doctrine in the US, EC and Switzerland. In the first part I will explain the Essential-Facilities-Doctrine in general and point out some open and unsolved questions. In the second part selected leading cases in the US, EC and Switzerland will be presented. In part three, I will focus on the FRAND-Principle, which was a hot issue at the EU-Commission (e.g. Case of Qualcomm) and on Arbitration. The paper ends with a final conclusion and prospects.

Keywords: Essential-Facilities-Doctrine, FRAND, Qualcomm

JEL Classification: K21