The following Competition practice note Produced in partnership with Suzanne Rab provides comprehensive and up to date legal information covering:
The 'essential facilities’ doctrine states that the refusal by a dominant company to grant assess to an essential facility that it controls constitutes an abuse of a dominant position if the refusal has significant restrictive effects on competition. Essential facilities typically include infrastructure such as an airport, port or energy transportation pipeline which is deemed essential for a competitor to compete in a downstream, related or neighbouring market.
There are specific issues arising in cases of refusal to license or grant access to intellectual property rights (IPRs) or propriety information which are not covered here.
The definition and scope of an 'essential facility' is difficult and often controversial. The basic principle is that an essential facility is typically something that is owned or controlled by a vertically integrated dominant company where independent companies need access to the facility in order to provide their own products or services.
The essential facilities doctrine has its origins in US antitrust law where it has been the subject of controversy. The European Commission first began to deploy the terminology in 1992 in the Sealink/B&I case (see below), although the Court of Justice has never formally used the term. However, a large part of the debate around the refusal to supply or the refusal to license has been expressed in terms of concepts which are very
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On 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). The transition from the Handbook to the Rulebook was intended to benefit PRA-authorised firms, to access clearer and more concise rules. Alongside the Rulebook, supervisory statements and statements
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
This Practice Note provides a high-level introduction to diversity and inclusion (D&I) and key reasons why it is important to law firms. Specific aspects of D&I are covered in more detail in Practice Notes:•The growing focus on diversity and inclusion (D&I) in law firms•Unconscious bias—law
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