The Future of Article 102: Evolution or Revolution?
In March 2023, the European Commission announced new guidelines on exclusionary abuses and amended its 2008 guidance on enforcement priorities concerning exclusionary abuses.
According to the Commission, the initiative aims at reflecting the EU courts’ case law, as well as the extensive experience gained in the enforcement of Article 102 of the Treaty on the Functioning of the European Union (Art. 102 TFEU).
The International Center for Law & Economics (ICLE) hosted a Sept. 18, 2023 panel in Brussels to discuss the changes made to the guidance paper, the most pressing challenges that the new guidelines need to address, and the interplay between Art. 102 TFEU and the Digital Markets Act. Video of the full event is embedded below.