Draft Guidelines on Abusive Exclusionary Conduct
In August 2024 the European Commission published draft guidelines on the application of Article 102 of the Treaty on the Functioning of the European Union (“TFEU”) to abusive exclusionary conduct by dominant undertakings. Rather than the current guidance on enforcement priorities, this document has taken the shape of guidelines proper, similar to those found in respect of Article 101 TFEU. The intention is therefore that undertakings, legal counsel and competition authorities follow the doctrine laid out in the eventual guidelines when applying Article 102 TFEU to conduct by dominant undertakings that may be exclusionary in nature. Although the draft cites…
Annalies Muscat12th September 2024