Abusive Exclusionary Conduct by Dominant Undertakings (Communication)

The Communication continues the "more economic approach" in competition law in a much diluted manner: The Commission wants to pursue only cases in which certain behaviour of a dominant company "forecloses" a market.


It is reasonable not to prohibit certain behaviour of dominant companies per se, but to evaluate its effects on a case-by-case basis. For this purpose, simple and easily applicable rules should be used instead of complex economic models. However, to do justice to individual cases, necessarily entails costlier and more complex procedures.