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The doctrine shall be seen as an „extra weight” in a market dominated by an undertaking possessing significant power. In simple terms, the doctrine imposes on the owners of essential facility a duty to deal with competitors. Thus, the concept illustrates modern economic-orientated antitrust policy, where the pre-eminence of competetiveness is understood as providing access to something „essential” for competition in a particular market. Objective necessity criterion in the essential facility doctrine is a necessary usage of a product or infrastructure in order to enter into a market or to initiate an activity, as no other alternative exists or is granted. Therefore, in cases where an input, facility or infrastructure owned by an undertaking in dominant position is crucial to ensure effective competition on the downstream market and at the same time it is not legally, technically or economically possible to find an alternative for this input, facility or infrastructure, an obligation to supply such essentials to competitors in the downstream market is imposed on undertakings in a dominant position through EFD . It follows that the main purpose is to impose on the competitor a duty to negotiate and/or give access to the facility, against a reasonable fee. Without access to such key infrastructure such undertaking is not able to pursue its own activity in a profitable manner and as a result will be shortly driven out of the market. The legal framework upon which the doctrine hinges is protection of just, open and equitable competition.
2.1. Evolution and application of the EFD
The courts and competition authorities both at the EU and the member state level, tend to reason in a specific way, when face with cases where the use of some essential infrastructure of facility is at stake . However, the adoption of specific pattern evolved through case law which at the present time seems to argue in favour of the existence of the doctrine. The existence of the concept was repeteadly confirmed, although mostly stayed unnamed, through notable judgments such as Terminal Railroad Association , Microsoft , Oscar Bronner or IMS Health .
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