I.Introduction

II.Conflicting Objectives

A.The Characteristics of the "New" Economy
B.The Objectives of Intellectual Property Law
C.The Objectives of Competition Law
D.Theories on Essential Facilities
E.The Complications of Regulation

III.The Jurisprudence of the European Courts

A.New Product
B.Essential
C.Market Leverage
D.Objective Justification
E.Summary of the Case Law Prior to IMS
F.The IMS Case

IV.Dubious Existence of the Intellectual Property Rights

V.The Primacy of Innovation Considerations

VI.A Proposal for the Essential Facilities Doctrine

A.The Market is an Additional Consequence of the Right
B.The Market is the Essence of the Right
C.Summary of the Proposal

VII.Conclusion