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Viewing report
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Abuse of Market Dominance:. Edition No. 1
VDM Publishing House, April 2009, Pages: 128
This reprint of a LL.M master thesis completed in
year 2004 analyses the EC competition law rules on
the duty to supply competitors, and in particular
the impact of the modern ´essential facilities`
doctrine on traditional case law. In an attempt to
establish a consistent analytical framework in
respect to the question of when and under what
conditions a competitor must be supplied, this study
suggests that in the future, a clearer distinction
should be drawn between cases concerning
access to ´essential facilities` and cases involving
other factors such as an unwarranted monopoly
extension, discrimination or the penalization of
vigorous competition. By examining the
repercussions of IMS Health and Microsoft, the study
suggests that the relevance of the interventionist
´essential facilities` doctrine is limited to rare
cases, including access to unused infrastructures,
de facto standards, certain platform technologies or
software interfaces.
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