The Application Of Article 82 EC — Part I

Law360, New York (December 10, 2008, 12:00 AM EST) -- On Dec. 3, 2008, the European Commission unveiled its long-awaited interpretive guidance on the application of Article 82 EC to single firm conduct (Guidance).[1]

The Guidance comes almost three years after the Commission published its Article 82 EC Discussion Paper (Discussion Paper), which explored a more rigorous economic effects-based approach to the enforcement of European competition law against exclusionary market behavior by dominant firms.

The Guidance is less ambitious in scope than what was initially expected after the Commission issued its Discussion Paper. In the interim,...
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