1. REVIVING AN EPITHET: A NEW WAY FORWARD FOR THE ESSENTIAL FACILITIES DOCTRINE.
- Author
-
Vaheesan, Sandeep
- Subjects
- *
MONOPOLIES , *CONSUMERS , *ELECTRIC industries , *TELECOMMUNICATION , *ECONOMIC development , *TECHNOLOGICAL innovations , *HIGH technology industries - Abstract
The article focuses on the revival of the sharing of a natural monopoly asset as a new way forward for the essential facilities doctrine in Utah. It examines the economic rationale behind the doctrine and depicts the danger of extended monopoly to consumers. It looks back the history of the doctrine, showing its waxed standing in the Supreme Court in the mid-20th century. It analyzes natural monopoly industries, like electricity and telecommunications, in which the doctrine was traditionally applied. It traces the economic, legal and technological developments bringing out intangible essential facilities. It argues the application of the doctrine to intangible essential facilities to improve market outcomes in high technology sectors.
- Published
- 2010