Only formal rules can ensure that Article TFEU will be enforced properly in light of its goal, namely the maintenance of effective competition within the internal market. Therefore, neither the Automec judgment nor the Grimaldi judgment may act as authorities for the Priorities Paper to be taken into consideration, since it does not meet the requirements laid down in either of them.
The argument that the Commission could not limit its discretion with regard to its substantive assessment of Art. The interesting debate comes now. The said paper is of sui generis nature with regard to both its form and its substance. In other words, it is a perfect test on paper that makes perfect sense with perfect numbers.
This state of uncertainty endangers the uniform application of Article TFEU at the national level. Nevertheless, Automec cannot be regarded as an authority for the adoption of the Enforcement Priorities Paper for two reasons.
Its content is said to be about enforcement priorities, and not about substantive guidelines, i. I rest my case. All in all, the Priorities Paper has no particular legal status. Under these circumstances, the adoption of a document that would claim to set enforcement priorities was seen as a wise way for the Commission to suggest that the existing law is unsatisfactory, while not directly challenging the interpretation of the jurisprudence.
This is, inter alia, because the test fails to guarantee the observance of fundamental legal principles. Conclusion Overall, the Enforcement Priorities Paper is flawed, both constitutionally and as a matter of substance.
The Commission requires delegated authority to adopt acts in this area, which may only concern non-essential issues Article 2 TFEU.
This was also the view eventually advocated by the Commission in the Intel hearing as transcribed here. This would be an impossible task. Second, the paper provides no safe-harbours, which in turn reduces the overall level of guidance that it provides.
Inevitably, this raises doubts as to whether the Priorities Paper may be taken into consideration pursuant to the Grimaldi judgment para Consequently, the Priorities Paper is not about setting priorities in the way that it is understood in Automec; it is about providing substantive guidelines.
All others mention it on substantive points unrelated to prioritization. Indeed, effective competition can only exist if the players in the market act in an environment where they can assess in advance and at reasonable cost whether their conduct violates Article TFEU.Rebates and Article TFEU: The European Commission's Duty to Apply the Guidance Paper.
12 Pages This duty includes the obligation to test Article TFEU cases under the As Efficient Competitor (“AEC”) framework, as set out in the Guidance Paper.
If the Commission wishes to depart from the AEC framework, it must officially. Article of the Treaty on the Functioning of the European Union (formerly Article 82 of the Treaty establishing the European Community) is aimed at preventing undertakings who hold a dominant position in a market from abusing that position.
Its core role is the regulation of monopolies, which restrict competition in private industry and produce worse outcomes for consumers and society.
Abuse of dominant position (Article TFEU) Guidance on its enforcement priorities in applying Article 82 of the EC Treaty to abusive exclusionary conduct by dominant undertakings. OJ C 45,p. 7–20 the review process included a consultation on a Commission Staff Discussion Paper (read press release and comments.
since the Guidance paper; there is little to no explicit use of the Guidance in the decisions taken; and, the rejection decisions are potentially the most important type of enforcement in which the effects of any modernisation of the approach to Article A few posts ago (here) Pablo challenged me to explain my view on the binding force of the Guidance paper on Art.
The answer is crystal clear in my mind (and Pablo already anticipated the answer years ago labelling it as a “pre-commitment device”), but I have never seen the debate spelt out in. In Decemberthe Commission adopted a guidance paper declaring its enforcement priorities when dealing with exclusionary abuses under Article TFEU (‘ Enforcement Priorities Paper ’).
This represents the culmination of the debate that crystalised the Commission’s modern approach to abuse of dominance control.Download