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Competition Buzz: The Essential Facilities Doctrine before the Chilean Antitrust Court

By  |  May 10, 2016

By: Pedro Ignacio Rencoret

Surrounded by criticism, the essential facilities doctrine states that sometimes it may be possible to require a monopolist to provide access to a facility that the monopolist controls and that is deemed necessary for effective competition. This paper provides a brief explanation of most relevant discussions about the doctrine; summarize the European and U.S. case law (where the Supreme Court has never expressly recognized the doctrine); offers a test for its application; and try to explain its position before the Antitrust Chilean Court.

Full Content: SSRN

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