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European Commission’s Draft Guidelines on Article 102 – Webinar Series

 |  December 13, 2024

By: Kevin Coates (Covington View)

Our webinar series on the European Commission’s draft guidelines for Article 102 is now available on demand. The three-part series is hosted by Kevin Coates, a former head of unit at the European Commission and an antitrust partner at Covington’s Brussels office.

In the first webinar, Massimiliano Kadar of the European Commission’s DG Competition, who led the project for the draft guidelines, outlined the Commission’s objectives. He highlighted how the draft consolidates and systematizes case law on Article 102, reflecting nearly 40 rulings from the European Courts issued since the Commission’s 2009 Guidance on Enforcement Priorities. Kadar also discussed the key differences in emphasis between the 2009 guidance and the new draft.

In the second webinar, Miguel de la Mano, the deputy Chief Economist at the time of the 2009 Guidance, critiques the draft guidelines. He argues that their lack of a clear economic framework disconnects them from the economic principles that differentiate competition on the merits from anti-competitive foreclosure…

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