The Resurrection of Essential Facilities Doctrine and Its Applicability in India

By Kalyani Singh

The controversial essential facilities doctrine recently seems to have resurfaced amidst recent developments in competition law. Specifically, the doctrine has found itself right in the center of the hotly debated interface between competition law and intellectual property rights (“IPRs”). Indian competition law, while still in its teething stage, has been gaining significant traction in terms of enforcement. Predictably, there has been a recent uptick in the number of cases relating to these abuses of dominance cases.