ABSTRACT
This chapter presents the historical efforts at harmonizing competition law and explains why the role of the United States (US) in this process must change if efforts are to be successful for issues like the essential facilities doctrine, for which the US' position is out of step with international practice. The European Court of Justice notably has declined to extend the essential facilities doctrine where the firm seeking access can create its own facility either on its own or in conjunction with other market participants. The chapter examines the law of essential facilities and unilateral refusals to deal in the European Union and its Member States. It provides substantive suggestions to better harmonize US law and practice with the developing consensus that antitrust should play an important role when dominant firms deny access to essential facilities in economically and socially harmful ways.
