Commission seeks feedback on draft antitrust guidelines on exclusionary abuses

The European Commission has launched a public consultation inviting all interested parties to comment on draft Guidelines on exclusionary abuses of dominance.

Article 102 of the Treaty on the Functioning of the European Union (‘TFEU') prohibits dominant companies from engaging in abusive behaviour, including behaviour that excludes competitors from the market. The enforcement of Article 102 TFEU is key to ensuring that competition works effectively, that all businesses get a fair chance to compete and that consumers can reap the benefits of competitive markets.

The draft Guidelines aim at reflecting the Commission's interpretation of the EU courts' case law on exclusionary abuses and the Commission practice. This will help increase legal certainty to the benefit of consumers, and businesses, as well as national competition authorities and courts. All interested parties can submit their comments on the draft Guidelines by 31 October 2024.

Executive Vice President Margrethe Vestager (pictured), in charge of competition policy, said: “Exclusionary abuses harm both businesses and consumers. They lead to higher prices, less innovation and poorer quality of goods and services. So the rules of the game need to be clear for our intervention against such abuses to be effective. Our draft guidelines seek to present a predictable, coherent and workable framework to assess abusive conduct. They reflect our interpretation of the EU case law and the precious experience gained through the enforcement of abuse rules. We encourage all interested parties to share their views.”

A press release is available online.

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