The Relation between Essential Facilities Doctrine and Market Definition

Abstract

In this paper we examine the relation between correct market definition and the application of essential facilities doctrine in relation to granting competitors access to essential facilities and infrastructure. Moreover, we examine how market definition influences the content and the definition of the concept of 'essentiality' in given cases. Finally, we relate this issue to the concept of market leveraging as it was developed by EU jurisprudence as a method, in order to apply essential facilities doctrine and we evaluate this methodology. The paper below focuses on third party access as an issue of EU Competition Law and uses as material a series of EU antitrust cases, where the concepts mentioned above were applied.

Keywords: Antitrust Law, Essential Facilities, Essential Facilities Doctrine, Market Definition, ECJ Rulings, Competition Law, Market Leveraging, Sealink, Third Party Access, Forced Sharing

JEL Classification: K2, K2, K21, K23, L1, L04, L4, L41, L42, L43, L44, L49, L05, L50, L51, L09, L90, L94, L95, L96, L97,