Access to Essential Facilities: A Comparative Competition Law Perspective of Shared Use and Recent Margin Squeeze Cases
Competition Survey: Studies, Researches and Analysis, Vol. 1, pp. 32-41, 2011
12 Pages Posted: 12 Sep 2011
Date Written: September 12, 2011
Abstract
This contribution aims to present a brief legal background of access to essential facilities under European, Romanian, and German competition law and comparatively key issues in dealing with facilities cases. It also highlights the most recent developments in the Scadlines case, particularly the exceptional circumstances of granting access, and explains the practical difficulties in order to agree on the setting of an '"adequate remuneration." The contribution concludes with some recent examples of margin squeeze under EU and German competition law.
Keywords: margin squeeze cases, essential facilities, EU competition law
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