EU Law Newsletter - October 2024

1. The European Commission (EC) issues draft guidelines on exclusionary abuse by dominant undertakings

Background

Article 102 TFEU ("Article 102") prohibits the abuse of a dominant position by undertakings that operate in the EU's Internal Market (the "Internal Market").

On 1 August 2024, the EC issued draft guidelines on the application of Article 102 to abusive exclusionary conduct¹ by dominant undertakings (the "Guidelines"). Interested parties can respond to the Guidelines as part of a public consultation up until 31 October 2024.

The Guidelines set out the EC's reading of the existing jurisprudence of the EU Courts on exclusionary abuses under Article 102. By issuing the Guidelines, the EC intends to "enhance legal certainty and help undertakings self-assess whether their conduct constitutes an exclusionary abuse under Article 102".² Although not binding on Member States' courts and competition authorities, the Guidelines also intend to give them