While the US Supreme Court, throughout its judgment in Trinko, rejects the essential facilities doctrine, in the European Union it is not only accepted but even extended to intangible assets. Two contradictory conceptions of competition prevail on either sides of the Atlantic, with regard to the...

An optimal level of investment in broad­band network infrastructures cannot be reached only though market?s incentives. If Public-Private Partnerships might be needed to overcome such market failures, they might nevertheless induce two kinds of competition concerns. First, the private...