Rethinking the Monopolist's Duty to Deal: A Legal and Economic Critique of the Doctrine of Essential Facilities

摘要: Suppose that a lawful monopolist owns a single bridge across a non-navigable river. Manufacturers of a variety of products are located on one side of the river. A city full of consumers demanding to purchase those products lies on the other side of the river. To gain access to this consumer market, the manufacturers or trucking companies must use the monopolist's bridge. The monopolist, however, has the power to impede (or enable) them because of a gate on the bridge. Exercising this power, the monopolist denies passage to one or more trucking companies (even for reasonable compensation). Should a court impose a duty to deal upon the monopolist? Under the doctrine of" essential facilities,"'most courts would impose a duty to deal upon a monopolist in two circumstances:(1) where a single monopolist who competes with the facility user in other markets unilaterally controls the facility; 2 (2) where a …