USKRAĆIVANjE PRISTUPA RESURSIMA NEOPHODNIM ZA PRUŽANjE USLUGA

Abstract

Resources indispensable for provision of services are facilities or infrastructure without access to which undertaking which already reached the minimal level of efficiency to enter the relevant downstream market cannot provide services to their customers. Because alternative resources can not be neither practically nor reasonably duplicated, resources indispensable for provision of services represent an insuperable barrier for entrance to relevant downstream market and in such a way obtain importance of and refer to a known US antitrust law concept of essential facilities. Denial to access to an essential facility is a subset of refusal to deal cases. It means that save cases where legal regulation in liberalised sectors imposes an obligation to provide for access, compulsory access to infrastructure and other resources indispensable for provision of services will be exceptionally enjoined in situations where otherwise a serious detriment to competition would be occurred.