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The European Commission has adopted Guidelines on the application of Article 102 of the Treaty on the Functioning of the European Union (\u2018TFEU\u2019) to abusive exclusionary conduct by dominant undertakings. The adoption of these Guidelines marks the end of a three-year process during which the Commission held extensive consultations with interested parties.<\/span><\/p>\n Article 102 TFEU prohibits dominant undertakings from engaging in abusive conduct, such as seeking to exclude competitors from the market. Examples of abusive exclusionary conduct by dominant undertakings include predatory pricing, margin squeeze, exclusive agreements and refusal to supply. Such conduct is harmful, as it deprives rivals of fair opportunities to compete in the market, which in turn undermines innovation and other market dynamics and reduces consumer choice. For these reasons, the Commission and the EU\u2019s national competition authorities (\u2018NCAs\u2019) take vigorous action to investigate and sanction abusive exclusionary conduct by dominant undertakings. The application of Article 102 TFEU in the context of such exclusionary conduct is absolutely essential to ensuring effective competition, so that all undertakings have a level playing field to compete and consumers can reap the benefits of competitive markets.<\/span><\/p>\n The Guidelines set out a modern and economically sound framework, based on the case law of the EU courts, which aims to effectively combat abusive exclusionary conduct by dominant undertakings.<\/span><\/p>\n Objectives of the Guidelines<\/strong><\/span><\/p>\n By setting out, in a systematic manner, how the Commission interprets and intends to apply Article 102 of the TFEU to abusive exclusionary conduct, the Guidelines:<\/span><\/p>\n Key elements<\/strong><\/span><\/p>\n The Guidelines are based on the case law of the EU courts and on the Commission\u2019s experience and practice regarding various key issues relating to abusive exclusionary conduct by dominant undertakings. The Guidelines:<\/span><\/p>\n\n
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