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Antitrust

Abuse of dominant position (Article 102 TFEU)

Legislation in force

Note to the reader: All references to Art 82 EC should be understood as references to the current article 102 of the Treaty on the Functioning of the European Union (as renamed by the Treaty of Lisbon, which entered into force on 1 December 2009). More information on these changes.

The Communication provides comprehensive guidance to the business community and competition law enforcers at national level on how the Commission uses an economic and effects-based approach to establish its enforcement priorities under Article 102 TFEU in relation to exclusionary conduct.

Archive: Review process

The Commission began in 2005 a reflection on the policy underlying Article 102 TFEU (then Article 82 EC) and the way in which it should enforce that policy. The broad lines of that reflection were set out by the then Competition Commissioner Neelie Kroes.

Prior to the adoption of the guidelines, the review process included a consultation on a Commission Staff Discussion Paper (read press release and comments received), followed by a public hearing in 2006.

Further reading:

  
  
Related links
Report by the EAGCP - "An economic approach to Article 82"
Article: "Der 'more economic approach' bei Verdrängungsmissbräuchen: Zum Stand der Überlegungen der Europäischen Kommission" by Michel Albers