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Revival of the Essential Facility Doctrine is not Essential; Joint Agency Guidelines will Better Strengthen Monopolization Law

BY | April 12, 2023

The Executive Branch, Congress, and the federal enforcement agencies are focused on the competitive impact of large, allegedly dominant technology platform companies.  The House’s Competition in Digital Markets majority report recommends…

The Executive Branch, Congress, and the federal enforcement agencies are focused on the competitive impact of large, allegedly dominant technology platform companies.  The House’s Competition in Digital Markets majority report recommends major changes to antitrust law, but such changes are unlikely to be adopted. The Federal Trade Commission has adopted an expansive policy statement on the scope of what constitutes unfair methods of competition, but the policy statement appears incon

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