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Dispelling Myths: The Essential Facilities Doctrine in the Digital Economy

BY | April 12, 2023

The essential facilities doctrine is back. Yet, despite its recent endorsements, the doctrine’s criticisms linger. They range from allegations that monopolies lack incentives to monopolize adjacent markets to doubts about…

The essential facilities doctrine is back. Yet, despite its recent endorsements, the doctrine’s criticisms linger. They range from allegations that monopolies lack incentives to monopolize adjacent markets to doubts about the doctrine’s administrability and fears of error costs. They also include claims of entrenching monopoly power and decry severe limitations of the antitrust remedy. Many of these objections to the essential facilities doctrine are fueled by persistent myths and misconcept

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