The doctrine of essential facilities
Table of Contents I. INTRODUCTION 2 II. EVOLUTION OF THE DOCTRINE IN USA JURISPRUDENCE. 3 III. EVOLUTION OF THE ESSENTIAL FACILITIES DOCTRINE IN THE EUROPEAN UNION: UNILATERAL REFUSAL TO SUPPLY UNDER ART.82 3 IV. THE REFUSAL TO SUPPLY AND INTELLECTUAL PROPERTY RIGHTS: IS MAGILL AN ESSENTIAL FACILITY CASE? 3 V. THE APPLICATION OF THE ESSENTIAL FACILITIES DOCTRINE IN EU CASES 3 VI. THE TURNING POINT: OSCAR BRONNER 3 VII. ASSESSMENT OF THE BRONNER DECISION 3 VIII. ESSENTIAL FACILITIES DOCTRINE: A CRITIQUE 3 IX. CONCLUSION 3 BIBLIOGRAPHY 3 I. Introduction The doctrine of essential facilities, as evolved through the application of Article 82 EC and specifically the prohibition of the refusal to supply, has generated a major debate as to whether it is essential in order to stimulate the competition process to oblige the owner of a facility that cannot practically be duplicated by would-be competitors, to share it on non-discriminatory terms. The objective of this paper is to provide a theoretical analysis of the doctrine as well as the practical consequences of its application in the cases decided by the European authorities. It will be argued that despite the fact that the essential facility doctrine may contravene the freedom of contract, as recognized in contract law, it can be used as a major instrument in the process of liberalization of EU markets and in the
An examination of British policy with regard to European Unity during the period 1945 to 1949: Why did Britain did Britain diverge from the emerging European Community and was it justified in doing so?
An examination of British policy with regard to European Unity during the period 1945 to 1949: Why did Britain did Britain diverge from the emerging European Community and was it justified in doing so? British policy towards Europe has been described as half-hearted and even compared to "haphazard meanderings" (Dell, 1995: 69) since 1948. In many ways British policy was unclear and confusing during the immediate post war period. During 1946 and 1947 Britain appeared to be a strong advocate of European unity; indeed it was a leader of Western Europe and generally assumed that Britain would continue to play such a role. It was Churchill who's request for "a kind of United States of Europe" during his 1946 speech in Zurich, whom not only sent out a positive message regarding union within Europe but was also one of the founding father's of the concept. During this time "Britain was regarded as the leader of Western Europe" (Croft, 1988: 617). Britain had come out of the war relatively unscathed and was considered the strongest European nation during this time. Having attained wartime prestige and maintained political strength Britain had "placed herself in the vanguard of the movement to achieve European Unity". Newman potently displays her assets: "She could have played a determining role in shaping the institutional form of a new community" and "others would
European Union Lobbying.
EUROPEAN UNION LOBBYING Introduction Today we are going to look very superficially at lobbying the European Union institutions. We'll begin with a quick run through the basic policy making structures of the EU (but it is only very much an introduction; if you want more detailed information on any of the topics raised there are several useful textbooks in the Library) and then in the second half I'll discuss how these processes impact upon the practice of public affairs and how lobbyists are regulated in the EU. To begin with an idea about the scale of lobbying that goes on in the EU institutions - in 1992 the European Commission estimated that there were perhaps 10,000 people representing 3,000 groups who were involved in lobbying the Commission, Parliament and Council of Ministers. The European Parliament In its early days, the European Parliament was made up of appointed Members, but it has been entirely directly elected since 1979. The Parliament holds its full plenary sessions in Strasbourg (for one week a month), meetings of its committees take place in Brussels (over two weeks a month), and its administrative departments are based in Luxembourg. The 626 MEPs are generally elected as party politicians, although a few independents will always manage to get elected. However, once elected the MEP will usually join a particular political grouping within the
The Importance of the Cyprus Issue in terms of the Accomplishment of the ESDP
METU INTERNATIONAL RELATIONS DEPARTMENT IRS 3140558 The Making of European Security Prof.Dr.Mustafa TÜRKES 'CYPRUS-TURKEY-EU TRIANGLE' The Importance of the Cyprus Issue in terms of the Accomplishment of the ESDP BURCU SEÇKINER 1458595 April 2006 Abstract....................................................................................... 3 Introduction................................................................................... 4 EU- TURKEY- CYPRUS TRIANGLE................................................... 5 I. History of the Conflict and the EU's Intervention * Living in Disharmony II. Cold War Times................................................................ 7 * NATO vs. WEU III. Post-Cold War and the EU.................................................... 8 * The transformation process of EU's stance............................. 9 * Helsinki Summit........................................................... 11 IV. Positions of the Related Countries with regard to the Security Perspective of Turkey's Candidacy and the EU's Enlargement........................ 12 * Turkey's Position * Greece's Position........................................................... 13 * The European Union's Position.......................................... 14 Conclusion.................................................................................... 15
Back ground information about the EU
Back ground information about the EU The history of the EU goes back to 1946, when Winston Churchill called for a "kind of United States of Europe" in a speech he gave at the Zurich University. In the same year the European Federalists Union was set up in Paris, France. In 1948 the Western Union Treaty was signed by Belgium, France, Luxembourg, the Netherlands and the United Kingdom. Fostered by the International Coordination of Movements for the Unification of Europe Committee, the Europe Congress met in The Hague, the Netherlands. It was chaired by Winston Churchill and attended by 800 delegates. Participants recommended that a European Deliberative Assembly and a European Special Council, in charge of preparing political and economic integration of European Countries, was to be created. They also advise the adoption of a Human Rights Charter and, to ensure the respect of such charter, the creation of a Court of Justice. In 1956, the Belgian Minister for Foreign Affairs presented to his ECSC colleagues a report on the draft Community Treaties foreseeing the creation of the EEC and EURATOM. Meeting in Venice, the Foreign Ministers decided to open intergovernmental negotiations for the conclusions of two Treaties to set up a European Economic Community and an Atomic Energy Community. In 1957, the Treaties establishing the European Economic Community and the European
This essay is intended to have an in-depth appraisal of the implication of the adoption of a constitution by the European Union (EU)
Introduction This essay is intended to have an in-depth appraisal of the implication of the adoption of a constitution by the European Union (EU), with a view of looking at the various issues contained in the constitution that are contentious among the Member States (MS) and how these would benefit the EU either through the simplification of the union institutions functions to make them more efficient. Also, it would attempt to draw an overview of the historical existence of the EU, how it has progressed through the years, the various changes that it had undergone, how the various treaties it has adopted have helped in tackling problems encountered while growing. On the other hand, emphasise would be placed in discussing the issues enshrined in the constitution, what it is expected to achieve, why MS have found them unacceptable, and whether the constitution would really fulfil the Union's objective by enhancing its closer integration zealously by the EU and MS. Finally, it would attempt to look into the future, whether there is any hope of implementing the wonderful ideas in this draft constitution. The EU is gradually metamorphosing hopefully to actualise this status with the ratification of the draft constitution by the inter-governmental convention (IGC). There has been general calls that the draft constitution be adopted as it by some MS while in certain issues
The EU's CFSP and the Iraq Crisis: A Catalyst for Change?
Chris Moore European Security Dr. Mustafa Türkes May 2006 The EU's CFSP and the Iraq Crisis: A Catalyst for Change? The year 2003 was a difficult one for the European Union's attempts to forge a common foreign and security policy (CFSP). America's launch of a pre-emptive strike against Saddam Hussein's regime split the EU into those For and Against the war. This paper will attempt to examine the crisis over Iraq and its impact upon CFSP. It will begin with a brief overview of the complex nature of CFSP in the post-Cold War period. Second, it will sketch the context surrounding the Iraq Crisis. Finally, the paper will examine the impact that the crisis has had upon CFSP, and speculate on whether or not the crisis will ultimately serve as a catalyst to reformulate CFSP in such a way as to prevent future splits in security policy. Common Foreign and Security Policy in the Post-Cold War Era It is perhaps slightly ironic that Charles De Gaulle, a hero of French nationalists, was historically one of the chief supporters of a common security policy in Europe. He supported the unsuccessful Fouchet Plans of the 1960's that would have taken great steps toward common defense. The development of European Political Cooperation (EPC) in 1970 could also been seen as part of his legacy. Given De Gaulle's dislike of supranationalism, this seems a bit odd. But when one
Sustainable development or fish eat fish world? 'EU external trade policy'.
Sustainable development or fish eat fish world? 'EU external trade policy' University of Portsmouth M.A. European Law and Policy Emilija Jurakic Contents . Introduction....................................................................................3 2. EU External Relations - overview..........................................................4 3. WTO..............................................................................................5 4. GATT, GATTS, TRIPS, TRIMS.............................................................6 5. Decision making process......................................................................9 6. Conclusions.....................................................................................10 7. Bibliography...................................................................................11 Introduction External trade policies of the European Union have a direct impact on the economic livelihoods of people living in poverty. The policies of the European Union matter for developing countries. They matter a great deal. With 36% of world GNP, 38% exports of the world market, 23% of the votes in the World Bank, 29% of the votes in the International Monetary Fund and largest collective number of votes as a regional grouping in the World Trade Organizations the EU emerging as a very important
"The World We're In," by British author Will Hutton - A discussion of America and the EU.
If you're American, you probably haven't heard of this book. "The World We're In," by British author Will Hutton, is aimed at Britons with the goal of convincing them to join the European Union as full members. As such, it pits positive "European" democracy and capitalism against the less positive "American" versions. (Specifically, Hutton is attacking conservative American ideology, but in the end, this doesn't matter so much; see below). I'll give the book a "+", but for rather complicated reasons. This book is a classic example of taking two gray objects, then painting one black and one white. Lily-pure Europe embodies compassion, growth without exploitation, and a clear long-term vision for an enlightened society. Vulgar (conservative) America represents unbalanced greed, questionable morals, and zeal for short-term profit at the expense of mature planning. (Can we get any more stereotyped?) Hutton notes in a few places that America has its merits and the EU "has yet to achieve its full potential", but why sweat the details of these two gray objects? One is clearly black, and the other white. Britain is heading down the wrong path, and Hutton aims to sound the alarm so that it can get back on track. If you can get past the rhetoric and unabashed European haughtiness, Hutton does make some interesting and worthwhile points. His analysis of American capitalism is a
Is Europe a Bargaining Forum?
Is Europe a Bargaining Forum? Introduction Starting with the European Coal and Steel Community (ECSC) in 1952, and subsequently the treaties of Rome in 1957, up until the Single European Act of 1986, the member states of the European Community (EC)1 engaged in hitherto unprecedented levels of inter-state cooperation, even though there not always was a unidirectional development towards an "ever closer union". The dramatic events of 1989 and the following years fundamentally altered the geopolitical situation in Europe, and this consequently may have produced a different logic for economic and political integration in the region. Thus, the scope for this essay is the process which tied a large part of Western Europe together during the post-WWII period up until the political "earthquake" of 1989, and it will discuss whether it by 1989 had become clear that the EC was a mechanism through which member states bargained rather than an entity that had fundamentally changed the nature of those states. This essay argues that important characteristics of the states that made up the EC in 1989, actually had changed as a result of the steps towards integration: there had been some interesting developments, including, in some areas, shifts from one decision-making arena to another, and a "Europeanisation" of national interest. First, the history of the EC will sketchily be
