LAW 642 Lecture Notes - Lecture 21: Reed Business Information, Electric Power Transmission, Essential Facilities Doctrine
30 May 2020
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Essential facilities and duty to deal, usually this means that a market actor monopolizes some supply-side input that is essential to the delivery of the product in the market. Duty to deal found due to essential facility: topographical and financial limitations rendered this rr system the only one available to the st. louis market, making it essential to the delivery of the rr product. Remedy: the court issued decree requiring equal and non-discriminatory access to the. Rr lines in question (still had to pay a fee, but everyone had to pay the same fee). Municipalities started building their own electricity transmission systems and demanding wholesale prices to the municipality. Otter refused, so they got a gov"t agency to do so, but otter refused to even allow this to run through their lines, which was necessary for delivery and had no cost to otter.
