The Commission has published a draft of the guidelines on the assessment of abusive exclusionary conduct by dominant undertakings

The draft guidelines on Article 102 TFEU, published by the European Commission on August 1, 2024, are the first of their kind. The draft guidelines concern those forms of abusive conduct by dominant undertakings that may have exclusionary effects. 

The draft guidelines are based on the case law of the Union courts. The aim of the guidelines is to protect effective competition in the internal market by enhancing legal certainty and assisting undertakings in their self-assessment.

Comments on the draft guidelines can be made until 31.10.2024. The final guidelines are expected to be issued by the end of 2025.