The Relation between Essential Facilities Doctrine and Market Definition

13 Pages Posted: 30 Dec 2010

See all articles by Michael D. Diathesopoulos

Michael D. Diathesopoulos

University of Cambridge - Faculty of Law; Tilburg Law and Economics Center (TILEC); Leicester Law School

Date Written: December 29, 2010


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,

Suggested Citation

Diathessopoulos, Michail D. and Diathessopoulos, Michail D., The Relation between Essential Facilities Doctrine and Market Definition (December 29, 2010). Available at SSRN: or

Michail D. Diathessopoulos (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

Tilburg Law and Economics Center (TILEC) ( email )

Warandelaan 2
Tilburg, 5000 LE

Leicester Law School ( email )

University Road
Leicester LE1 7RH, LE1 7RH
United Kingdom

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