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ARTICLE · 17 MAY 2023

Brussels Regulatory Brief: April 2023

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On 27 March 2023, the Commission released the so-called Article 102 package.

European UnionEnergy and Natural Resources
K&L Gates
K&L Gates

ANTITRUST AND COMPETITION

The European Commission Releases the Article 102 TFEU Package to Ensure Greater Legal Certainty on Exclusionary Abuses of Dominance

Article 102 of the Treaty on the Functioning of the European Union (TFEU) prohibits abusive behaviour of dominant undertakings within the internal market in so far as it may affect trade between member states. The abuse of dominance can materialise in: (i) exclusionary abuses, where a dominant company prevents a competitor from entering or expanding into a given market (e.g., by exclusivity clauses, loyalty rebates or refusal to deal); and (ii) exploitative abuses, where a dominant company uses its market power to harm the

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