European Union: Adopted Communication amending the Guidance on the Commission's enforcement priorities in applying Article 82 of the EC Treaty to abusive exclusionary conduct by dominant undertakings

On 27 March 2023, the European Commission adopted a Communication amending the Guidance on the Commission's enforcement priorities in applying Article 82 of the EC Treaty to abusive exclusionary conduct by dominant undertakings. The Amendment includes clarifications on the Commission's assessment of whether to pursue cases of exclusionary conduct as a matter of priority. Furthermore, the Amendment specifies that in markets with high network effects or other high barriers, the Commission may investigate the practices of dominant companies capable of foreclosing less dominant companies. The Communication aims to provide clarity on the enforcement priorities until the Guidelines on exclusionary abuses by dominant undertakings are adopted.