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Abuse of Dominant Position, Article 82 and New Guidance

By Bartolus

At long last, the Commission has made public its "guidance" on its enforcement priorities in Article 82 EC cases.

You can find it here.

As we pointed out earlier, antitrust boffins have been making quite a fuss at the EU level about Article 82 EC and whether there should be an illicit abuse of a dominant position only when the abusive behavior actually has deleterious effects on the market. Well, this guidance paper represents the apotheosis.

According to the official press release, the guidance paper sets out an economic and effects-based approach to exclusionary conduct under EC antitrust law. We leave it to you to judge whether it really does that.

There's a fairly handy question and answer sheet published as well.

Full post as published by EU Law Blog on December 03, 2008 (boomark / email).