![]() In doing so the Commission is mindful that what really matters is protecting an effective competitive process and not simply protecting competitors. The emphasis of the Commission's enforcement activity in relation to exclusionary conduct is on safeguarding the competitive process in the internal market and ensuring that undertakings which hold a dominant position do not exclude their competitors by other means than competing on the merits of the products or services they provide. The Commission, therefore, will direct its enforcement to ensuring that markets function properly and that consumers benefit from the efficiency and productivity which result from effective competition between undertakings. Consumers benefit from competition through lower prices, better quality and a wider choice of new or improved goods and services. ![]() In applying Article 82 to exclusionary conduct by dominant undertakings, the Commission will focus on those types of conduct that are most harmful to consumers. This document only relates to abuses committed by an undertaking holding a single dominant position. Such a position may be held by one undertaking (single dominance) or by two or more undertakings (collective dominance). In addition, the general framework set out in this document applies without prejudice to the possibility for the Commission to reject a complaint when it considers that a case lacks priority on grounds of lack of Community interest.Īrticle 82 applies to undertakings which hold a dominant position on one or more relevant markets. This document is not intended to constitute a statement of the law and is without prejudice to the interpretation of Article 82 by the Court of Justice or the Court of First Instance of the European Communities. Alongside the Commission's specific enforcement decisions, it is intended to provide greater clarity and predictability as regards the general framework of analysis which the Commission employs in determining whether it should pursue cases concerning various forms of exclusionary conduct and to help undertakings better assess whether certain behaviour is likely to result in intervention by the Commission under Article 82. This document sets out the enforcement priorities that will guide the Commission's action in applying Article 82 to exclusionary conduct by dominant undertakings. This is particularly important in the context of the wider objective of achieving an integrated internal market. Article 82 is the legal basis for a crucial component of competition policy and its effective enforcement helps markets to work better for the benefit of businesses and consumers. However, the undertaking concerned has a special responsibility not to allow its conduct to impair genuine undistorted competition on the common market. In accordance with the case-law, it is not in itself illegal for an undertaking to be in a dominant position and such a dominant undertaking is entitled to compete on the merits. Communication from the Commission - Guidance on the Commission's enforcement priorities in applying Article 82 of the EC Treaty to abusive exclusionary conduct by dominant undertakingsĪrticle 82 of the Treaty establishing the European Community (‘Article 82’) prohibits abuses of a dominant position.
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