This article is part of a Chronicle. See more from this Chronicle James Killick, Assimakis Komninos, Feb 05, 2009 The publication by the European Commission of its long-awaited Guidance Paper on exclusionary abuses under Article 82 EC was the most important policy development of the second half of 2008. It is certainly positive that the […]

In this issue: Analyzing the Article 82 Guidance Paper Brian Sher, Feb 11, 2009 Leveraging Non-Contestability: Exclusive Dealing and Rebates under the Commission’s Article 82 Guidance In this short article I propose initially to summarize, in the most succinct way I can, the EC approach to rebates and exclusive dealing, and the DOJ approach. Yves […]

This article is part of a Chronicle. See more from this Chronicle Brian Sher, Feb 11, 2009 Rebates was always the hardest exclusionary abuse. Navigating through the DG Competition Staff Discussion Paper of 2005, the retroactive rebate section felt like Ellen MacArthur’s description of sailing fast in the Southern Ocean at night (“lashing rain no […]

This article is part of a Chronicle. See more from this Chronicle Yves Botteman, Kenneth Ewing, Feb 09, 2009 On December 3, 2008, the European Commission published a guidance document (“Guidance”) concerning the Commission’s enforcement priorities in applying Article 82 of the EC Treaty to abusive exclusionary conduct by dominant companies. The Guidance affirms in […]

This article is part of a Chronicle. See more from this Chronicle Yvan Desmedt, Alexandre Verheyden, Feb 05, 2009 The telecommunications sector has constituted a key enforcement priority for the Commission, particularly in relation to the application of Article 82 EC. Thus, the Article 82 Guidelines were generally anticipated to reflect relevant Commission’s practice in […]

This article is part of a Chronicle. See more from this Chronicle George Zohios, Feb 05, 2009 While recognizing the need for a general reform of the implementation of EC competition rules, it would appear that the type of reform proposed by the Commission through its Guidance does not seem to solve the problems. The […]

This article is part of a Chronicle. See more from this Chronicle Thomas Janssens, Feb 05, 2009 In the EU, predatory pricing analysis traditionally has stood somewhat apart from the assessment of other types of unilateral conduct under Article 82 EC Treaty. In its AKZO judgment of 1991, the European Court of Justice (“ECJ”) relied […]

This article is part of a Chronicle. See more from this Chronicle Gunnar Niels, Feb 05, 2009 Within the space of a few months, two pre-eminent competition authorities issued widely publicized reports on unilateral conduct, one of the hotly debated topics in modern competition law. Both reports followed years of extensive review and consultation processes […]

This article is part of a Chronicle. See more from this Chronicle Axel Gutermuth, Feb 05, 2009 The new Guidance Paper on the European Commission’s enforcement priorities in applying Article 82 EC Treaty to abusive exclusionary conduct by dominant undertakings constitutes a major step in European antitrust enforcement. The present paper reviews the Guidance Paper’s […]

This article is part of a Chronicle. See more from this Chronicle James Killick, Assimakis Komninos, Feb 05, 2009 The publication by the European Commission of its long-awaited Guidance Paper on exclusionary abuses under Article 82 EC was the most important policy development of the second half of 2008. It is certainly positive that the […]

This article is part of a Chronicle. See more from this Chronicle Yannis Katsoulacos, Feb 05, 2009 The Paper, which was preceded by the 2005 DG-COMP Staff Discussion Paper (“DP”) on reforming decisional procedures for Art. 82 EC exclusionary conduct by dominant firms, was particularly needed as the DP, along with a number of recent […]