Joint submission to Call for Evidence on Article 102 TFEU Guidelines
FOR IMMEDIATE RELEASE, April 24, 2023
CONTACT: Max von Thun, vonthun@openmarketsinstitute.org
The Open Markets Institute, alongside a group of leading European civil society organisations, has submitted a detailed response to the European Commission’s call for evidence on future guidelines on enforcement of Article 102 TFEU, one of the European Union’s key antitrust laws.
The joint submission – led by Open Markets – welcomes several of the changes proposed by the Commission, while also suggesting numerous areas for improvement. Among other suggestions, it urges the Commission to move beyond the consumer welfare standard in enforcement of Article 102 TFEU, and to end its historical neglect of exploitative (as opposed to exclusionary) abuses of the law, which have become increasingly prevalent. The submission calls on the Commission to take measures to tackle corporate dominance itself, instead of only addressing abuses of that dominance, by making greater use of structural remedies in Article 102 TFEU investigations, and using its merger control powers to prevent acquisitions that create or entrench dominant positions
View full submission here
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The Open Markets Institute is a team of journalists, researchers, lawyers, economists, and advocates working together to expose and reverse the stranglehold that corporate monopolies have on our country. Learn more at www.openmarketsinstitute.org.