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Presumptions Retained But Reframed: The Commission’s Final Guidelines On Exclusionary Abuses Of Dominance
The European Commission has released comprehensive guidelines on applying Article 102 TFEU to exclusionary conduct by dominant firms, modernizing EU competition policy while codifying existing case law. These guidelines introduce analytical frameworks for assessing various types of anticompetitive behavior, including predatory pricing, margin squeeze, exclusive dealing, and tying arrangements, while addressing the role of presumptions and efficiency defenses in establishing abuse of dominance.
Macfarlanes LLP