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The Right To Refuse To Deal, The Essential Facilities Doctrine, And The Digital Economy, George Sakkopoulos
The Right To Refuse To Deal, The Essential Facilities Doctrine, And The Digital Economy, George Sakkopoulos
St. Mary's Law Journal
Various commentators, as well as the 2020 report on competition in digital markets by the majority staff of the House Judiciary Committee, have advocated for the revival of the essential facilities doctrine, especially in the context of the digital economy. This Article examines the three phases in the development of the essential facilities doctrine and the right to refuse to deal—the foundations in the early twentieth century, the contraction of the right to refuse to deal and the expansion of the essential facilities doctrine in the mid-twentieth century, and the revival of the right to refuse to deal and the …