20 February, 2024

ETNO position paper on EU guidelines on exclusionary abuses by dominant undertakings

With a view to the European Commission’s soon to be expected publication of the draft guidelines for the enforcement of Article 102 TFEU and the prohibition of exclusionary abuses by dominant undertakings, ETNO would like to provide some insights regarding its competitive experience on the telecoms market.
The following position is based on an internal legal assessment of the case law applied for the Guidance on enforcement priorities concerning exclusionary abuses (previously Article 82 of the EC Treaty, now Article 102 TFEU) which was amended in 2023 and on exchanges with policymakers and legal experts with the Commission’s department for EU competition policy DG COMP).
As a general remark, further detailed throughout the document, ETNO believes that the few, yet substantial changes made to the 2009 Guidance are not based, as they should be, on straightforward evidence coming from the Court of Justice jurisprudence As a result, a further careful assessment is required prior to the Guidelines adoption.
Ahead of the announced consultation and with the aim of already contributing to the draft Guidelines, ETNO would like to submit to the Commission some preliminary comments on specific points.
For questions related to this position please contact: Benedict William GROMANN, Public Policy Manager, ETNO (gromann@etno.eu)
© ETNO 2024
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