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Antitrust Chronicle® – Essential Facilities

Spring 2023, April, Volume 1

Dear Readers, The essential facilities doctrine provides a generally recognized basis for imposing antitrust liability for unilateral refusals to deal. Classically, it has been claimed that a monopolist that denies a competitor access to an input considered an “essential facility” violates section 2 of the U.S. Sherman Act or Article 102 TFEU (and its national […]

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June

“Buy Now, Pay Later” (“BNPL”) has moved from fintech curiosity to embedded infrastructure in modern consumer markets, quietly reshaping how credit is extended, priced, and experienced. What began as a frictionless alternative to traditional lending now sits at the intersection of payments, consumer protection, and competition policy.




May

As health systems evolve beyond purely clinical data toward richer, more contextualized information environments, the integration of SDoH into AI systems raises a central tension: the same data that can improve equity and care delivery can also encode and obscure discrimination. The contributions in this issue begin to map that terrain.




April

This Chronicle explores the rapidly evolving intersection of foreign direct investment and technology, a space where traditional assumptions about openness, control, and market integration are being fundamentally reworked.


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