Amerykańska koncepcja w unijnym prawie – essential facilities doctrine
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Date
2013-06
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań
Title alternative
Essential facilities doctrine in European Union Law
Abstract
Formed at the end of the nineteenth century in the United States, the essential facilities doctrine was created to prevent the refusal of access to certain key equipment,
which is used as an instrument to secure the dominant position of the undertaking in
those markets where the emergence of competition is strictly related to obtaining access to key device. The author describes the initiation in the 1970’s of the acquisition of the
American doctrine by European Union law by focusing on the role of the European
Commission and the Court of Justice of the European Union in this process. Both
American and European prsemises for an application of the essential facilities doctrine are presented, as well as its advantages and disadvantages.
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Keywords
European Union Law, American law, Essential facilities doctrine
Citation
Adam Mickiewicz University Law Review, vol. 2, 2013, p. 167-183