Timo Klein

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Yesterday, the European Commission published its long-awaited guidelines on #exclusionary abuse of dominance. Always risky to attempt a hot take when the document is so fresh, but here we go: I think the guidelines are quite an improvement from the draft. In particular, they bring back a 40% dominance (soft) #safeharbour (para. 24), treat presumptions as a sliding scale (para. 58) and add some useful and interesting detail on e.g. causation, collective dominance and objective justifications. Without claiming causa…

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