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Recent Developments in the Essential Facility Doctrine:

Bronner Is Still Alive!

Aleksander Maziarz


Keywords: essential facility, abuse of dominant position, refusal to supply

The aim of the article is to analyse the recent judgments in which the CJEU found that the dominant entity's behaviour regarding access to its infrastructure constitutes an abuse within the meaning of Article 102 TFEU. The article will focus on the analysis of why, in matters related to infrastructure, which is often considered an essential facility, the essential facilities doctrine, established in the jurisprudence of the CJEU was not applied. This will allow us to answer the question whether this doctrine is still needed. The article analyses the cases of Slovak Telekom, Lithuanian Railways and Google Shopping in this respect.
Keywords: essential facility; abuse of dominant position; refusal to supply

Aleksander Maziarz, PhD, Professor at Kozminski University, Poland. For correspondence: <>.


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