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Essential Facilities and the Zombie Apocalypse

BY | April 12, 2023

At its core, the essential facilities doctrine (“EFD”) invariably involves property rights. The idea is that a party that indisputably owns rights to certain property must provide access to that…

At its core, the essential facilities doctrine (“EFD”) invariably involves property rights. The idea is that a party that indisputably owns rights to certain property must provide access to that property to another party (that otherwise has no rights to that property and presumably has made no investment in that property) in order to facilitate competition by the other party. But, because we tend to hold the idea of property rights in high regard as a law-abiding society, a doctrine forcing

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