Article 82 Guidance: A Closer Look at the Analytical Framework and the Paper’s Likely Impact on European Enforcement Practice

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Axel Gutermuth, Feb 05, 2009

The new Guidance Paper on the European Commission’s enforcement priorities in applying Article 82 EC Treaty to abusive exclusionary conduct by dominant undertakings constitutes a major step in European antitrust enforcement. The present paper reviews the Guidance Paper’s general approach to dominance and anticompetitive foreclosure (Section 1) and assesses its likely impact on future Articl