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Essential Facilities and the Law of the Hammer

BY | April 12, 2023

The essential facilities doctrine has received a resurgence of interest recently, especially with regard to platform markets. Many references to the doctrine exaggerate its centrality to antitrust law; it is…

The essential facilities doctrine has received a resurgence of interest recently, especially with regard to platform markets. Many references to the doctrine exaggerate its centrality to antitrust law; it is a “doctrine” in name only. The question is why the essential facilities doctrine has been so popular among recent proponents while it remains unpopular with courts. The answer lies in the doctrine’s ability to simplify inquiries into anticompetitive conduct, which can be complicated in

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