Android Auto: The End of the Essential Facility Doctrine as We Know It
The Grand Chamber of the European Court of Justice’s (CJEU) recent decision in Android Auto marks a pivotal—and possibly final—chapter in the contentious evolution of the essential facility doctrine (EFD) [for a comprehensive analysis of the decision and its implications, see my working paper on “The EU essential facilities doctrine after Android Auto: a wild card without limiting principles?”].
As an exception to the general principle that businesses are free to decide whether to grant access to their facilities, the EFD debate fundamentally revolves around defining its boundaries. At its core, the doctrine seeks to balance fundamental rights with competition policy, as well as short-term and long-term competitive dynamics.
Read the full piece here.