Article 82 Guidance: A Closer Look at the Analytical Framework and the Paper’s Likely Impact on European Enforcement Practice

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Axel Gutermuth, Feb 05, 2009

The new Guidance Paper on the European Commission’s enforcement priorities in applying Article 82 EC Treaty to abusive exclusionary conduct by dominant undertakings constitutes a major step in European antitrust enforcement. The present paper reviews the Guidance Paper’s general approach to dominance and anticompetitive foreclosure (Section 1) and assesses its likely impact on future Article 82 enforcement (Section 2). Concluding considerations relevant for dominant companies and potential complainants are set out at the end (Section 3).

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