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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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