Monday, June 8, 2009
Posted by D. Daniel Sokol
Angelo Castaldo (Law - University of Rome “La Sapienza”) and Antonio Nicita (Economics - University of Sienna) address Essential Facility Access in Europe: Building a Test for Antitrust Policy.
ABSTRACT: This paper investigates the evolution of competition policy decisions in the US and, particularly, in the EU, concerning mandatory access to an essential facility held by a dominant firm. Based on some recent and controversial EU antitrust decisions, we outline a comprehensive test for identifying an essential facility and consequently imposing a mandatory access obligation on dominant firms.