2007
DOI: 10.2202/1555-5879.1078
|View full text |Cite
|
Sign up to set email alerts
|

Essential Facility Access in Europe: Building a Test for Antitrust Policy

Abstract: This paper investigates the evolution of competition policy decisions in the US and, particularly, in the EU, concerning mandatory access to an essential facility held by a dominant firm. Based on some recent and controversial EU antitrust decisions, we outline a comprehensive test for identifying an essential facility and consequently imposing a mandatory access obligation on dominant firms.

Help me understand this report

Search citation statements

Order By: Relevance

Paper Sections

Select...
1
1
1
1

Citation Types

0
4
0

Year Published

2009
2009
2023
2023

Publication Types

Select...
5
3
1

Relationship

2
7

Authors

Journals

citations
Cited by 13 publications
(4 citation statements)
references
References 8 publications
0
4
0
Order By: Relevance
“…However, we argued that this issue deserves further research, in order to investigate-in particular-the role that the secondwave neoliberalism has exerted in shifting the traditional left-wing political platform 'to the right'. Several political scientists (Butler and Savage 1995;Esping-Andersen 1993;Hout et al 1995;Kriesi 1989;Manza and Brooks 1999) recently argued that transformation in the political agenda could be the result of changes in the social structure and hence in political competition. According to these authors, liberalization may have become a post-ideological 'must have' item in political parties' policy toolkits, irrespective of traditional cleavages.…”
Section: Discussionmentioning
confidence: 99%
“…However, we argued that this issue deserves further research, in order to investigate-in particular-the role that the secondwave neoliberalism has exerted in shifting the traditional left-wing political platform 'to the right'. Several political scientists (Butler and Savage 1995;Esping-Andersen 1993;Hout et al 1995;Kriesi 1989;Manza and Brooks 1999) recently argued that transformation in the political agenda could be the result of changes in the social structure and hence in political competition. According to these authors, liberalization may have become a post-ideological 'must have' item in political parties' policy toolkits, irrespective of traditional cleavages.…”
Section: Discussionmentioning
confidence: 99%
“…57 Activating GVG-type remedies may lead to subsidizing inefficient competitors. A competition-law-based logic, putting the emphasis on consumer welfare, may limit such remedies to a "representative" efficient competitor on the market (that has already reached "the minimum efficient scale to enter the relevant market") that cannot finance such assets (Castaldo and Nicita, 2007). which may make it easier for the new entrant to invest in the future in its own facilities.…”
Section: B/ Asymmetric Regulation Is Neededmentioning
confidence: 99%
“…This is illustrated by the antitrust remedies aimed at granting competitors' access to an essential facility owned by a dominant firm, the regulatory obligation undoubtedly raises new transaction costs, as the incumbent firm is obliged to reintroduce the market inside the firm, and therefore hinder incentives to efficiently invest, both for the new entrants and for the incumbent (Baker, Gibbons, and Murphy, 2001 ;Joskow, 1991Joskow, , 2002Ménard, 2005). This calls for a prudent attitude in applying strong antitrust remedies under NIE's lens (Castaldo and Nicita, 2007). All in all, this calls for a general assessment of the cost and benefits of alternative organizational arrangements, when considering their impact on competition.…”
Section: Managing Competitionmentioning
confidence: 99%