Stakeholder Workshop: Draft Article 102 TFEU Guidelines on Exclusionary Abuses

Thu, 13 February, 2025 12:00am
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On 1 August 2024 the Commission launched a consultation of interested parties to comment on draft Guidelines on exclusionary abuses of dominance. The draft Guidelines aim at reflecting the EU courts’ case law on exclusionary abuses and the Commission’s enforcement practice developed in line with it.

The objectives of the initiative are (1) to provide more clarity to stakeholders on how to apply Article 102 TFEU; (2) to facilitate self-assessment and increase predictability; and (3) to promote a workable effects-based approach to the enforcement of Article 102 TFEU.

In this context, DG Competition is organizing an interactive stakeholder workshop to gather views on different key aspects of the draft Guidelines and discuss the practical implications of their application. Participants will be divided into groups to discuss various topics in eight breakout sessions. The results will be presented and discussed in two plenary sessions. 

Miroslava Marinova

Miroslava Marinova

Our Senior Fellow Miroslava Marinova is invited to speak at the European Commission's Stakeholder Workshop to share her views on the reform of Article 102 TFEU. 

 

The agenda of the workshop is available here: 

WORKSHOP AGENDA

 
 

8.30-9.00 Registration and Coffee

9.00-9.30 Introduction by the European Commission

9.30-11.00 Parallel breakout sessions:

  • Single and collective dominance;

  • Capability to produce exclusionary effects: evidentiary burden and substantive legal standard;

  • Departure from competition on the merits: notion and practical application;

  • Objective necessity and efficiencies

11.00-11.30 Coffee break

11.30-13.00 Plenary session: Debriefing from morning breakout sessions and discussion

13.00-14.00 Lunch break

14.00-15.30 Parallel breakout sessions:

  • Predatory pricing and margin squeeze;

  • Exclusive dealing and conditional rebates;

  • Tying and self-preferencing;

  • Refusal to supply and access restrictions

15.30-16.00 Coffee break

16.00-17.30 Plenary session: Debriefing from afternoon breakout sessions and discussion

17.30 Workshop ends 

 


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