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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.


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: