Response to the European Commission’s Public Consultation on the Draft Guidelines on the Application of Article 102 TFEU to Exclusionary Conduct

BRG experts have responded to the European Commission’s public consultation on the Draft Guidelines on the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU) to exclusionary conduct.

Our contributing experts welcome the initiative of the Commission to adopt formal guidelines which provide courts, competition authorities, undertakings and practitioners with greater certainty and transparency regarding the enforcement of Article 102 but are concerned that the tone set by the Draft Guidelines could lead to largely different interpretations, increasing litigation risk, leading to longer investigations and, overall, less effective and predictable enforcement.