Original language | English |
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Title of host publication | Global dictionary of competition law |
Editors | Deborah Healey, William Kovacic, Pablo Trevisán, Richard Whish |
Publisher | Concurrences |
Publication status | Published - 2021 |
Abstract
An essential facility is an asset or infrastructure to which a third party needs access to offer its own product or service on a market. A facility is essential if no reasonable alternatives are available and duplication of the facility is not feasible due to legal, economic or technical obstacles. Different assets have been qualified as essential facilities: physical infrastructures like bridges or ports, intellectual property rights and sets of information. Denying access to an essential facility may amount to illegal monopolization (Section 2 of the Sherman Act) or abuse of dominance (Article 102 TFEU) by the undertaking controlling it.