The European Commission has released draft guidelines aimed at prohibiting abusive exclusionary conduct by dominant firms, synthesizing insights from various EU court rulings on exclusionary abuse. Critics claim the draft reverts to a presumption-based approach rather than an economic analysis of anticompetitive effects. Greg Werden, formerly an economist at the DOJ's Antitrust Division, and an authority on US monopolization law, joins us to discuss the draft guidance document.
The European Commission has released draft guidelines aimed at prohibiting abusive exclusionary conduct by dominant firms, synthesizing insights from various EU court rulings on exclusionary abuse. Critics claim the draft reverts to a presumption-based approach rather than an economic analysis of anticompetitive effects. Greg Werden, formerly an economist at the DOJ's Antitrust Division, and an authority on US monopolization law, joins us to discuss the draft guidance document.
Links
Comments of Gregory J. Werden on Draft Article 102 Guidelines
European Commission's 2024 Draft Exclusionary Conduct Guidance