The concept of essential facilities in the efficiency of industrial natural resources

Abstract

The concept of ‘essential facilities’ is known as a tool to request an access of a vital facility to an undertaking having a dominant position in the market. The concept of ‘essential facilities’ can also be regarded as a code of ethics in the utilization of vital facilities because it regulates the ethics of utilizing it. According to the concept of ‘essential facilities’, the utilization of a vital facility must be fair and equitable among all parties and none of the parties can dominate it. This doctrine is of course applicable to maintain fair competition within a market. However, by opening an access to a vital facility in natural resources industry, the essential facility doctrine will also be a supporting factor to achieve green industry concept in natural resouces industry. In this paper, SWOT analysis will be conducted to explore the strengths, weaknesses, opportunities, and threats to essential facilities in the efficiency of industrial natural resources with regard to green industry concept, in order to realize a sustainable industry where there is efficiency, effectiveness, and also able to maintain environmental sustainability.