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The Essential Facilities Doctrine under United States Antitrust Law

By Pitofsky, Robert

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Book Id: WPLBN0000031263
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Title: The Essential Facilities Doctrine under United States Antitrust Law  
Author: Pitofsky, Robert
Language: English
Subject: Trade, Import and export controls, Federal Trade Commission (U.S.)
Collections: Economics Publications Collection, Federal Trade Commission
Publication Date:
Publisher: Government Printing Office


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Pitofsky, R. (n.d.). The Essential Facilities Doctrine under United States Antitrust Law. Retrieved from

Government Reference Publication

United States courts have long recognized that the general rule that a firm has no obligation to deal with its competitors is subject to certain exceptions. While generally ?(a)ntitrust law?does not require one competitor to give another a break just because failing to do so offends notions of fair play,? Twin Labs., Inc. v. Weider Health & Fitness, 900 F.2d 566, 568 (2d Cir. 1990), the Supreme Court has recognized that ?(t)he high value that we have placed on the right to refuse to deal with other firms does not mean that the right is unqualified.? Aspen Skiing Co. v. Aspen Highlands Skiing Corp., 472 U.S. 585, 601 (1985). See also Eastman Kodak Co. v. Image Technical Servs., Inc., 04 U.S. 451, 483 n.32 (1992) (?It is true that as a general matter a firm can refuse to deal with its competitors. But such a right is not absolute; it exists only if there are legitimate competitive reasons for the refusal.?); Lorain Journal Co. v. United States, 342 U.S. 143, 155 (1951) (right to refuse to deal is ?neither absolute nor exempt from regulation?).1...


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