European Commission’s Effects-Based Enforcement Approach in Relation to Article 82

December 16, 2008
The European Commission recently issued a guidance paper (“Guidance Paper”) setting forth its enforcement policy in relation to the application of Article 82 EC Treaty to Abusive Exclusionary Conduct by Dominant Undertakings. The Guidance Paper crystallizes an existing trend to endorse a more “economic” and “effects-based” approach in the Commission’s competition policy enforcement. This update outlines how this effects-based approach will be applied, specifically in the context of Article 82.