Legal Restraints on Single-Firm Conduct in the Digital Age: The Global Antitrust Institute’s Comment on the European Commission’s “Call for Evidence” and Concurrent Announcements Regarding Exclusionary Abuses of Dominance Under Article 102, Treaty on the Functioning of the European Union

7 Pages Posted: 28 Apr 2023

See all articles by Abbott B. Lipsky

Abbott B. Lipsky

George Mason University - Antonin Scalia Law School

Douglas H. Ginsburg

U.S. Court of Appeals for the District of Columbia Circuit; George Mason University - Antonin Scalia Law School

John M. Yun

George Mason University - Antonin Scalia Law School

Bruce H. Kobayashi

George Mason University - Antonin Scalia Law School

Alexander Raskovich

George Mason University - Antonin Scalia Law School, Faculty

Date Written: April 26, 2023

Abstract

The European Commission recently announced key amendments to its main enforcement policy statement regarding exclusionary abuses of dominance, known as the 2008 Guidance. Simultaneously, the Commission announced it will issue draft Guidelines on this same subject for public comment in “mid-2024.” Several of the amendments involve important and controversial competition policy issues and seem based upon debatable views of EC law. Resolution of these issues could have important global economic impact. Because these amendments were announced without prior public notice, they should be subjected to more searching public scrutiny and debate prior to implementation and before issuance of draft Guidelines.

Keywords: Exclusionary abuse, abuse of dominance, Article 102 Treaty on the Functioning of the European Union, as-efficient-competitor test, effective competitive structure

JEL Classification: K21, L41

Suggested Citation

Lipsky, Abbott B. and Ginsburg, Douglas H. and Yun, John M. and Kobayashi, Bruce H. and Raskovich, Alexander, Legal Restraints on Single-Firm Conduct in the Digital Age: The Global Antitrust Institute’s Comment on the European Commission’s “Call for Evidence” and Concurrent Announcements Regarding Exclusionary Abuses of Dominance Under Article 102, Treaty on the Functioning of the European Union (April 26, 2023). George Mason Law & Economics Research Paper No. 23-09, Available at SSRN: https://ssrn.com/abstract=4431047 or http://dx.doi.org/10.2139/ssrn.4431047

Abbott B. Lipsky (Contact Author)

George Mason University - Antonin Scalia Law School ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

Douglas H. Ginsburg

U.S. Court of Appeals for the District of Columbia Circuit ( email )

333 Constitution Ave NW
Room 5523
Washington, DC 20001
United States

George Mason University - Antonin Scalia Law School ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

John M. Yun

George Mason University - Antonin Scalia Law School ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

Bruce H. Kobayashi

George Mason University - Antonin Scalia Law School ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States
703-993-8034 (Phone)
703-993-8088 (Fax)

HOME PAGE: http://mason.gmu.edu/~bkobayas

Alexander Raskovich

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

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