 | Antonio Bavasso - 2003 - 450 lapas
...(ii) a competitor's inability practically or reasonably to duplicate the essential facility; (iii) the denial of the use of the facility to a competitor; and (iv) the feasibility of providing the facility. In the MCI case it was considered that the requirements... | |
 | Wendy J. Gordon, Richard Watt - 2003 - 238 lapas
...October 1997. 59. Under US law, the antitrust authority must intervene in cases where there is: M) control of the essential facility by a monopolist; 2) a competitor's inability to practically or reasonably duplicate the essential facility; 3) denial of use of the facility to... | |
 | Pierre A. Buigues, Patrick Rey - 2004 - 496 lapas
...pricing. 16. The Seventh Circuit identified the following critical elements. known as the 'MCI Factors': '(1) control of the essential facility by a monopolist:...and (4) the feasibility of providing the facility.' MCI Communications Corp. v. AT&T. 708 F.2d 1081. 1132-33 (7th Cir. 1983) (citations omitted), "cert,... | |
 | Christoph Enaux - 2004 - 344 lapas
...Idaho L. Rev. (1992/93) 283, 303. 977 MCI v. AT&T, 708 F.2d 1081, 1132f. Die englische Fassung lautet: „(1) control of the essential facility by a monopolist; (2) a competitor's inability to practically or reasonably duplicate the essential facility; (3) the denial of the use of the facility... | |
 | Colin Robinson - 2006 - 241 lapas
...Communications Corp. v. AT&T (1983), in which the Seventh Circuit identified four necessary elements: 1 . the control of the essential facility by a monopolist;...4. the feasibility of providing the facility. The European Commission has defined an essential facility as 'a facility or infrastructure, without access... | |
 | Marcus Glader - 2006 - 361 lapas
...dealing with its competitors, there was no prior conduct to shed light upon the motivation for refusal (1) control of the essential facility by a monopolist;...and (4) the feasibility of providing the facility. Brief for the United States and Federal Trade Commission as Amici Curiae, Verizon Communications, Inc.... | |
 | Committee on Business and Corporate Litigation - 2006 - 1338 lapas
...facilities claim under § 2 are: "(1) control of the essential facility by a monopolist; (2) a competitors inability practically or reasonably to duplicate the...and (4) the feasibility of providing the facility." Twin Labs, Inc. v. Weider Health 6- Fitness, 900 F.2d 566, 569 (2d Gir. 1990). In Trinko, the Supreme... | |
 | Philip Marsden - 2008 - 798 lapas
...Court held that the 'essential facilities' doctrine requires the plaintiff seeking access to prove '(1) control of the essential facility by a monopolist;...duplicate the essential facility; (3) the denial of use of the facility to a competitor; and (4) the feasibility of providing the facility' (708 F.2d at... | |
 | 2007 - 630 lapas
...1081, 1132 (7th Cir. 1983). The Seventh Circuit stated four elements for an essential facilities claim: "(1) control of the essential facility by a monopolist;...and (4) the feasibility of providing the facility." Id at 1132-33; see also, eg, ANTITRUST LAW DEVELOPMENTS, supra note 2, at 278-84 (discussing authority);... | |
 | Mira Burri Nenova, Mira Burri - 2007 - 396 lapas
...doctrine, a party must prove four factors: "(1) control of the essential facility by a monopolist; (2) competitor's inability practically or reasonably to...and (4) the feasibility of providing the facility to competitors". See MCI Communications Corp v. AT&T, supra note 204. 168 b. Observations on the EFD... | |
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The case law sets forth four elements necessary to establish liability under the essential facilities doctrine: (1) control of the essential facility by a monopolist; (2) a competitor's inability practically or reasonably to duplicate the essential facility;... 
