European Union: 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.