This paper examines the application of the essential facilities doctrine (EFD) to copyrighted works. It attempts to address three contemporary issues. First, it offers reasons why copyright has become subject to competition law regulation under the essential facilities doctrine. Second, it makes...

The draft Guidelines are a welcome update after twenty-one years. The updated Guidelines should:1. Clarify prior positions taken by agencies;2. Include a more comprehensive body of relevant case law; 3. Include Actavis' holding on patent scope; 4. Discuss Kimble in its correct context or omit it...