Commission adopts EU Guidelines on exclusionary abuses of dominance

Exclusionary abuses are practices which have the effect of excluding or preventing a competitor from entering or expanding in a market by means that are not based on competition on the merits (e.g. predatory pricing, exclusive agreements, tying).

By depriving competitors from a fair chance to enter the market, these practices weaken innovation and other market dynamics and reduce consumer choice.

Today's guidelines provide for a modern and economically sound framework, which is based on the case law of the EU Courts and seeks to tackle exclusionary abuses effectively.

They will:

• Help companies assess whether they, alone or together with other companies, hold a dominant position in one or more markets, including where ecosystems and after-markets are concerned;
• Give guidance on the criteria to take into account when establishing whether conduct departs from competition on the merits and leads to exclusionary effects;
• Set out the framework for analysing specific types of conduct by dominant companies; and
• Clarify how companies may justify their conduct by showing that it is objectively necessary or that it creates efficiencies which outweigh any negative effects and ultimately benefit consumers.