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

The concept of essential facilities in antitrust law is an idea that was developed to protect competition. In the State of Washington, it is illegal for companies to deny their competitors access to an essential facility. An essential facility is a tool, resource, service, or infrastructure that is necessary for a business to compete in the marketplace. An example of an essential facility is a transportation network. If one company owned the only transportation network that was available to get goods to market, they could theoretically deny access to their competitors, putting them at a competitive disadvantage. The concept of essential facilities helps ensure that companies can’t unfairly prevent others from entering the market and competing. Essential facilities can also include intellectual property, such as patents, trademarks, and copyrights. When one company is the only one with access to a patented technology, they can prevent their competitors from entering the market and competing. Antitrust law in Washington prevents this by ensuring that companies can’t deny access to their competitors. The concept of essential facilities is an important part of antitrust law in Washington state, helping to ensure competition is fair and that none of the companies are able to gain an unfair competitive advantage.

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