ECN statement on European Commission’s initiative to adopt Guidelines on exclusionary conduct by dominant undertakings

                        	

September 5, 2024

                        	

The Competition and Consumer Protection Commission (CCPC) is a member of the European Competition Network (ECN). The ECN is a network comprising the European Commission and the national competition authorities in all EU Member States. It provides a forum for discussion and cooperation of European competition authorities and ensures effective and consistent application of EU competition rules. 


EU competition law is contained primarily in Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Article 102 prohibits dominant companies from engaging in abusive behaviour, including behaviour that excludes competitors from the market.  


Currently, Article 102 is the only area of European competition law where no Guidelines clarify its application. To address this, the European Commission (EC) has developed draft Guidelines on exclusionary abuses of dominance and has recently opened a consultation, inviting the public to share their views.  


All interested parties can submit their comments on the draft Guidelines by 31 October 2024.  


The ECN’s Joint Statement is available to read at this link Joint Statement  and information on how to submit a contribution is available here. 
		

                  

                				
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ECN's Response to EC's Draft Guidelines on Exclusionary Conduct by Dominant Companies

The ECN, which includes the European Commission and national competition authorities in EU Member States, aims to ensure consistent application of EU competition rules.

Article 102 of the TFEU prohibits dominant companies from engaging in abusive practices that harm competition, including actions that exclude rivals from the market.

The European Commission has drafted Guidelines on exclusionary abuses of dominance to provide clarity in this area, seeking public feedback until October 31, 2024.

Interested parties can review the ECN's Joint Statement and learn how to contribute to the consultation on the Guidelines.



ECN's Response to EC's Draft Guidelines on Exclusionary Conduct by Dominant Companies

The European Competition Network (ECN) comments on the European Commission's initiative to introduce Guidelines on exclusionary behavior by dominant firms.