The EU Commission issues guidance on its enforcement priorities in applying EU rules on abuse of a dominant position to abusive exclusionary conduct by dominant undertakings

"Implementing an effects-based approach to Article 82"*I. Introduction On 3 December 2008, the Commission issued Guidance on its enforcement priorities in applying Article 82 to abusive exclusionary conduct by dominant undertakings [1]. In so doing, the Commission formally endorsed an effects-based approach to exclusionary conduct by dominant undertakings. The Guidance outlines the analytical framework that the Commission applies in determining whether to intervene against exclusionary conduct under Article 82 as a matter of priority. This will be the case if the conduct of a dominant undertaking is likely to restrict competition in such a way as to have harmful effects on consumers, whether in the short or the longer term. The Guidance is not a statement of law. It is nonetheless an