DG Competition paper on Article 82 exclusionary abuses

European Commission discussion paper (72 pages, PDF) on the application of Article 82 of the EC Treaty to exclusionary abuses. The paper sets out "possible principles" for the Commission's enforcement of Article 82, focusing on conduct by a dominant undertaking that could impede actual or potential competitors' ability to compete in a market. The paper does not address exploitative or discriminatory abuses; nor does it consider the application of Article 82 in conjunction with Article 86. The paper puts forward a number of ideas as to how the Commission might approach the investigation of Article 82 cases. These include an explanation of the relevance of a profit sacrifice test for the assessment of predation, and a suggestion as to how conduct by a dominant undertaking might be examined under an "efficiency defence".

The discussion paper has no enforcement status and the Commission recognises that it is without prejudice to how the courts may interpret Article 82. The paper is part of a public consultation. Comments should be sent to the Commission by Friday 31 March 2006.

See also the Commission's FAQ on the discussion paper.

Filed under Article 82, DG Competition.

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