In this issue:
Analyzing the Article 82 Guidance Paper
Leveraging Non-Contestability: Exclusive Dealing and Rebates under the Commission’s Article 82 Guidance
In this short article I propose initially to summarize, in the most succinct way I can, the EC approach to rebates and exclusive dealing, and the DOJ approach.
When laying down the factors that it will assess when considering whether to initiate an enforcement proceeding, however, the Guidance reveals greater readiness on the part of the Commission to find a violation by a market-dominating firm than that reflected in a comparable report recently released by the U.S. Department of Justice (“DOJ”) on its policies regarding the same kinds of unilateral conduct (the “Report”)
Article 82 Guidance: A Closer Look at the Analytical Framework and the Paper’s Likely Impact on European Enforcement Practice
The 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).
The Commission’s predation analysis thus focuses on economic sacrifice and anticompetitive foreclosure. While the domina