In Short The Situation: On 27 March 2023, the European Commission ("Commission") published a Communication amending its 2008 Guidance on enforcement priorities concerning exclusionary abuses ("amended 2008 Guidance Paper"), and launched a consultation process for the adoption of Guidelines on exclusionary abuses of dominance. In parallel, the Commission also released a policy paper explaining the background of these initiatives. The Result: This package signals the Commission's willingness to rebalance the so-called "effects-based" approach to applying the Article 102 Treaty on the Functioning of the European Union ("TFEU"), towards a "more dynamic and workable approach," while also taking into account certain developments in the Court of Justice of the European Union ("ECJ") caselaw.
Access to this article is restricted to subscribers
Already Subscribed? Sign-in