Essential facility doctrine in intellectual property law

The essential facility doctrine has US origins. When this legal theory is applied then making a compulsory dealing by the dominant firm/monopoly takes place.At the beginning the essential facility doctrine was applied in the common actions. Then it started to get concerned with unilateral actions. This doctrine determines under which conditions a dominant firm/monopoly is obliged to deal with its competitiors.The application of the doctrine is possible when there occurs unilateral refusals to deal in EC, US and Turkish competition law. These kinds of refusals are exclusionary. Therefore these conducts constitute ?abuse of dominant positon? and in US law ?monopolization/attempt to monopolize?.Compulsory dealing is an exception to freedom of contract. For this reason to determine the conditions for the doctrine to be applied is highly important. Scholars and courts should find out these conditions.The essential facility doctrine is applicable to intangible assets as well as physical assets. Mere ownership of an intellectual property right does not confer a dominant position upon its owner. Dominant position is determined according to the conditions of the relevant market. Compulsory licencing gives rise to a conflict between IP law and competition law. To solve this tension benefits of these two branches of law should be balanced.Refusals to deal as well as refusals to license by the dominant firm has got its remedies in public and private law. Remedies in public law could be behavioural and structural and also there is a remedy called fines. In EC competition law the Commission has the legal power to impose these remedies. In Turkish competition law Competition Board has this power. In private law dominant firms which abuse their market power have the liability for compensation.