The new guidance on Article 82—does it do what it says on the tin?
The European Commission’s long-awaited document on abuse of dominance was published in December 2008 as guidance on ‘enforcement priorities’. The Commission’s review, which began three-and-a-half years ago, was aimed at bringing the policy approach to Article 82 more in line with the effects-based approach now employed in other areas of EU competition policy. Has the Commission achieved this? And how does its guidance compare with a similar document published recently by the US Department of Justice?
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