Guidelines on exclusionary abuses of dominance

To whom it may concern. We are grateful for the opportunity to submit evidence to the EC in relation to the adoption of Guidelines on Exclusionary Abuses. Should you have any further queries, please do not hesitate to contact the Dynamic Competition Initiative (DCI). Bowman Heiden, Nicolas Petit, Thibault Schrepel, and Selçukhan Ünekbaş

The European Commissions plan for new Guidelines on Article 102 TFEU is most welcome. While the European Commissions accomplishments in enforcing Article 102 TFEU are undisputed, the new Guidelines need to address the problems of enforcement in recent years.

Vodafone is strongly in favour of the introduction of guidelines in this area. Vodafone would encourage the European Commission (EC) to adopt a clear distinction between areas where it is describing the law (called codifying in the call for evidence) and areas where it is describing EC enforcement priorities. Please see the attachment for the full content of our feedback.

Orange welcomes the Commission’s approach to submit for public consultation its draft implementation of the Guidelines on the application of Article 102 TFEU. This is indeed essential to ensure that undertakings subject to the provisions of Article 102 have sufficient legal certainty in a context where competition authorities’ expectations of compliance are increasingly demanding.

Filed in French · English published by the European Commission

Oxera welcomes the call for evidence and comments by the European Commission (Commission) regarding future guidelines for the application of Article 102 TFEU, and the insights provided in the Briefing Paper that accompanies the Communication on the amendments of the 2008 Guidance Paper.

We look forward to the opportunity to respond to the European Commissions Call for Evidence EU competition law guidelines on exclusionary abuses by dominant undertakings. Having reviewed the Competition policy brief, we set out below some of the high-level issues that we believe the consultation paper should address.

Frontier Economics is an economic consultancy that regularly advises clients on antitrust issues relating to European and national competition law, including exclusionary abuse cases. We welcome the European Commissions initiative to adopt Guidelines on exclusionary abuses of dominance. In the attached document we set out our response to the call for evidence.

Rules on abuse of dominance should be as clear as possible to ensure their correct understanding and their proper enforcement. Meaningful application of the competition framework is essential to actually materialise consumer choice and competitive prices, and therefore to really benefit to European consumers, innovation, economy and society at large.

Please find attached the APDC (Association des Avocats Pratiquant le Droit de la concurrence) contribution in response to the project of amended guidelines on exclusionary abuses by dominant undertakings published by the EU Commission. For the APDC: Emmanuel TRICOT (Partner KPMG Avocats)

1.- the Coalition of Creators and Content Industries (hereinafter ‘the Coalition’) is an association made up of associations and rights management bodies for almost all sectors of film cultural content, series, publishing and book industry, music, video games and visual arts, whose main purpose is to protect intellectual property rights in the digital sphere; in particular, the fight against illegal activities…

Filed in Spanish · English published by the European Commission

As part of its mandate, ECTAA filed a complaint with DG Competition in 2019 in order to inform the Commission of infringements of EU competition law by the International Air Transport Association (IATA) and to ask the Commission to start an investigation into the alleged infringements and to put them to an end.

Our main comment is that legal tests that are too broad or vague should be avoided as these may lead to uncertainty. As we explain in our paper, this may be the case of (i) the new standard for market foreclosure, defined as conduct which adversely impacts an effective competitive structure instead of impacting competitors, (ii) the relaxation of the general principle that only the exclusion of competitors as…

Telefónica welcomes the Commissions call for evidence ahead of the adoption of the Guidelines on exclusionary abuses of dominance. Please find Telefónica's response to the call for evidence on the attached file. Our response is mainly related to the Commissions amendments to the Guidance on the enforcement priorities in applying Article 82 of the Treaty to abusive exclusionary conduct by dominant undertakings.

Enels comments on the Call for Evidence with a view to adopt Guidelines on the application of Article 102 TFEU to exclusionary conduct The Enel Group (Enel) warmly welcomes this initiative of the European Commission (EC), not only because there are no Guidelines in place clarifying the application of Article 102 TFEU, but mainly considering that the existing EU case law will be also reflected into such Guidelines.

EuroCommerce, the principal European organisation representing the retail and wholesale sector, welcomes the possibility to comment on the drafting of new guidelines on the application of article 102 TFEU on abuses of dominance under competition law. We welcome the decision of the Commission to draft guidelines on art. 102 to reflect the Commissions practice as well as caselaw from the EU Courts.

CIO Platform Netherlands appreciates the opportunity to provide comments on the EC initiative to develop guidelines on enforcing competition law with regard to exclusionary abuses by dominant undertakings. Such guidelines will contribute to legal certainty regarding the application of article 102 Treaty on the Functioning of the European Union (TFEU) to exclusionary abuses of market power.

HOTREC, the voice of European hospitality, welcomes the opportunity to provide feedback on the call for evidence on guidelines on exclusionary abuses by dominant undertakings. For over a decade, HOTREC has been paying particular attention to the role of online travel agencies (OTAs) and the treatment of the hotel businesses of which the majority of them are small and medium-sized enterprises.

We welcome the opportunity to comment on the Commissions amended Article 102 Guidance and companion Competition Policy Brief. Whilst we support the Commissions desire to maintain an effects-based approach, the dynamic and workable effects-based approach set out in the Policy Brief does not currently meet that objective due to the watering down of certain effects-based principles.

FIGIEFA welcomes the intention to draft new guidelines on exclusionary abuses of dominance. We fully share the Commissions view to ensure that abuse of dominance rules need to be clear, effective and applied vigor-ously to the benefit of European consumers and the economy at large.

Dear Sirs On behalf of PostNord Group, attached please find non-confidential version of PostNord's observations in response to the European Commission's Call for Evidence seeking feedback on the adoption of Guidelines on exclusionary abuse of dominance under Article 102 TFEU.

Please find attached a joint submission from a group of civil society organisations to the Commission's call for evidence on Article 102 TFEU guidelines. The group consists of the following organisations: - ARTICLE 19 - The Balanced Economy Project - Foxglove - The Irish Council for Civil Liberties - The Open Markets Institute - Privacy International - SOMO We are grateful for the opportunity to contribute our…

The Spanish CENTRE OF REPROGRAPHICAL RIGHTS, EGDPI (CEDRO) is an intellectual property rights management organisation authorised to administer and defend the rights of authors (writers, translators, journalists) and publishers of books, newspapers, magazines and sheet music by the Spanish Ministry of Culture and Sport since 1988.

Filed in Spanish · English published by the European Commission

The French lassociation d’Etude de la Concurrence (AFEC) is an independent association set up in 1952. It brings together competition law specialists from all professions in this sector, professors of law and education, magistrates, members of the Administration (DGCCRF), members of the Competition Authority, lawyers, in-house lawyers, representatives of professional trade unions, students.

Filed in French · English published by the European Commission

Independent Retail Europe welcomes the possibility to provide comments as part of the call for evidence for the development of new guidelines on exclusionary abuses by dominant undertakings within the framework of article 102 TFEU.Overall, we welcome the proposed publication of a set of guidelines on the application of article 102 TFEU, as this would strengthen the Single Market and raise legal certainty for all…

The Finnish Competition and Consumer Authority (FCCA) warmly welcomes the Commissions Call for Evidence and the initiative to adopt Guidelines on exclusionary abuses of dominance as well as the amendments of the Commissions 2008 Guidance on enforcement priorities concerning exclusionary abuses.

EU's Competition Law is a complex mixture of legislative, economic, and administrative measures designed to foster competition in the economy. Since competition is considered essential for economic development, competition law seeks to protect this competitiveness.

Implementation of guidelines on the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU): privileged access of the dominant operator to the administration/employers’ associations and abuse of administrative procedures. Illustrative case: the interisland air market of the Canary Islands and failed attempts by various operators to introduce seaplanes into the market.

Filed in Spanish · English published by the European Commission

Assessment text prepared by Andreia Moura, Director for Development of EUCED – European Institution for Economic Cooperation and Development, EEIG/EEIG, with the aim of collaborating with the European Commission on matters as important as this.

Filed in Portuguese · English published by the European Commission