TH
Public post
Thomas Höppner
Sep 2026 • linkedin
Post excerpt
Yesterday, the EU Commission published its first-ever Guidelines on how to apply Article 102 TFEU to exclusionary conduct, binding itself for future enforcement, thereby increasing legal certainty. It is an excellent analysis of EU case law. Compared to the 2024 draft, five changes stand out: 1) A clearer effects framework: Paras 63-65 list three scenarios in which, as exception to the rule, a separate analysis of "departure from competition on the merits" and "capability of exclusionary effects" is not required: …
#CompetitionMatters#Article102#DigitalMarkets#GoogleNonCompliance
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