Antitrust Chronicle® – Essential Facilities
Spring 2023, April, Volume 1
Dear Readers, The essential facilities doctrine provides a generally recognized basis for imposing antitrust liability for unilateral refusals to deal. Classically, it has been claimed that a monopolist that denies a competitor access to an input considered an “essential facility” violates section 2 of the U.S. Sherman Act or Article 102 TFEU (and its national […]
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In case you missed it...

July
The contributions in this Chronicle explore whether existing privacy frameworks remain fit for purpose in an environment characterized by large-scale data collection, increasingly sophisticated identification technologies, and evolving theories of harm.

June
“Buy Now, Pay Later” (“BNPL”) has moved from fintech curiosity to embedded infrastructure in modern consumer markets, quietly reshaping how credit is extended, priced, and experienced. What began as a frictionless alternative to traditional lending now sits at the intersection of payments, consumer protection, and competition policy.

May
As health systems evolve beyond purely clinical data toward richer, more contextualized information environments, the integration of SDoH into AI systems raises a central tension: the same data that can improve equity and care delivery can also encode and obscure discrimination. The contributions in this issue begin to map that terrain.
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