Description

Opened consultation on European Commission's guidelines on exclusionary abuses of dominance

On 1 August 2024, the European Commission opened a public consultation on the draft guidelines concerning exclusionary abuses of dominance, as outlined in Article 102 of the Treaty on the Functioning of the European Union (TFEU, until 31 October 2024. The draft guidelines aim to clarify the enforcement of Article 102 TFEU, which prohibits dominant companies from engaging in abusive behaviour that excludes competitors from the market. The draft guidelines aim to reflect the Commission's interpretation of EU courts' case law and its enforcement practice, focusing on various issues such as the purpose of competition law enforcement, the concept of consumer welfare, principles for assessing dominance, and the analytical framework for evaluating specific types of conduct by dominant companies. The draft aims to enhance legal certainty for consumers, businesses, national competition authorities, and courts by providing detailed guidance on identifying and addressing exclusionary abuses.

Original source

Scope

Policy Area
Competition
Policy Instrument
Unilateral conduct regulation
Regulated Economic Activity
cross-cutting
Implementation Level
supranational
Government Branch
executive
Government Body
competition authority

Complete timeline of this policy change

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2023-03-27
in consultation

On 27 March 2023, the European Commission opened a public consultation on its initiative to amend t…

2023-04-24
processing consultation

On 24 April 2023, the public consultation closes on the European Commission initiative to amend the…

2024-08-01
in consultation

On 1 August 2024, the European Commission opened a public consultation on the draft guidelines conc…

2024-09-02
under deliberation

On 2 September 2024, the European Competition Network (ECN) issued a statement on the European Comm…

2024-10-31
processing consultation

On 31 October 2024, the European Commission closes the public consultation on the draft guidelines …