Commission Releases Guidelines on Exclusionary Abuses and Amends Enforcement Priorities

European Commission">Call for Evidence seeking feedback on the adoption of Guidelines on exclusionary abuses of dominance. In parallel, it has published a Communication amending its 2008 Guidance on enforcement priorities concerning exclusionary abuses.

Today's package is the first major policy initiative in the area of abuse of dominance rules (Article 102 of the Treaty on the Functioning of the European Union, 'TFEU') since 2008. It seeks to ensure that abuse of dominance rules are clear, effective and applied vigorously to the benefit of European consumers and the economy at large.

The Guidelines on exclusionary abuses

Article 102 TFEU is one of the few areas of European competition law where no Guidelines clarify its application. However, its enforcement is key to ensuring that competition works effectively and that consumers can reap the benefits of competitive markets. The Commission has therefore published today a Call for Evidence with a view to adopt Guidelines on the application of Article 102 TFEU to exclusionary conduct.

The initiative aims at reflecting the EU courts' case law as well as the extensive experience gained by the Commission in the enforcement of Article 102 TFEU. The Guidelines will aim at increasing legal certainty to the benefit of consumers, businesses and national competition authorities and courts.

All interested third parties have four weeks to comment on the Call for Evidence. The Commission plans to publish a draft of the Guidelines for public consultation by mid-2024, so as to adopt them in 2025. Upon their adoption, the Commission will withdraw the 2008 Guidance on enforcement priorities, as amended by today's Communication.

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