Refusal to Deal in the European Union: A Narrowed Scope Expands the Risks for Dominant Firms

When can EU competition law compel a company to supply its competitors, overriding its contractual freedom and property rights? Recent EU court rulings have clarified that the strict “essential facilities” test under Bronner applies only to outright refusals to deal. This increases the liability risk for dominant firms, as other conduct involving elements of refusal to deal may be abusive even when the input in question is not indispensable. These developments highlight the importance of com