What is the concept of “essential facilities” in antitrust law?

The concept of "essential facilities" in antitrust law is when an individual or company controls a certain facility or service that is necessary for competition, and does not offer access to it for rivals. It applies to businesses that own the necessary facilities that are central to the competition in the market. These facilities may include communication services, transportation services, and other physical infrastructure. In Delaware, antitrust law covers all transactions that may adversely affect competition in the market, and includes essential facilities. This means that if a business controls a certain facility or service that is necessary for competition, they must offer access to it in a non-discriminatory and reasonable manner, or else face potential antitrust litigation. Any refusal to provide access may also be subject to enforcement action. Essential facilities can be a powerful tool for companies to maintain a competitive advantage. However, if the facility or service is deemed to be an essential facility and its owner does not provide access to others, they will face antitrust consequences. This is to ensure that the competition in the market is fair and competitive, and to promote competition and consumer welfare.

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What is the concept of “essential facilities” in antitrust law?

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