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.

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