The EU Commission's New Communication on the Application of Article 82 to Exclusionary Conduct - Compromise, Pastiche, Holding Action, Tight-Rope Walk, Exercise in International Antitrust Diplomacy


Over the past eight years, the European Commission (“Commission”) has been engaged in a programme to modernize substantive EU competition law and the structures for its enforcement. The goal has been to ground the substantive law firmly in an approach based on analysis of economic effects in the market. In a series of new guidelines and group exemptions, the Commission has revised the law under Article 81 of the EC Treaty on horizontal and vertical restrictions and on technology transfer agreements, and refined and redefined the substantive content of the “significantly impede effective competition” test under the EU Merger Regulation. The structure of enforcement has been thoroughly revised in Regulation 1/2003 and its flanking notices and guidelines. The last missing piece of this programme was the modernization of the law under Article 82.

Please see full bulletin for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morrison & Foerster LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.