Competing Too Well: Europe’s New Guide to Dominance
Brussels has finally given Article 102 an instruction manual. Issued Sept. 3, the European Commission’s first comprehensive Guidelines on exclusionary abuses of dominance under the Treaty on the Functioning of the European Union (TFEU) replace a legal scavenger hunt with a single framework. The catch is that the manual still gives the Commission considerable room to decide when vigorous competition has become unlawful exclusion.
Until now, businesses, national authorities, and courts had to piece together the governing standards from treaty text, sporadic Commission decisions, and a…
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