Some Critical Comments on the Commission’s Guidance Paper on Art. 82 EC

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Yannis Katsoulacos, Feb 05, 2009

The Paper, which was preceded by the 2005 DG-COMP Staff Discussion Paper (“DP”) on reforming decisional procedures for Art. 82 EC exclusionary conduct by dominant firms, was particularly needed as the DP, along with a number of recent (sometimes controversial) decisions, had established the Commission’s intention to apply an economics- or effects-based approach to its assessment.