I. BACKGROUND The European Commission published the 24th February 2009 a Communication containing its long-awaited Guidance Paper on exclusionary abuses under Article 82 C(Commission Communication – Guidance on the Commission’s Enforcement Priorities in Applying Article 82 EC Treaty to Abusive Exclusionary Conduct by Dominant Undertakings, available at http://ec.europa.eu/comm/competition/antitrust/art82/guidance.pdf). The Guidance Paper follows the publication in December 2005 by DG-COMP of a Staff Discussion Paper (DG Competition Discussion Paper on the Application of Article 82 of the Treaty to Exclusionary Abuses, available at http://ec.europa.eu/comm/competition/antitrust/art82/discpaper2005.pdf), which suggested possible methodologies for the assessment of some of the most
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