Modificări recente ale comunicării Comisiei privind aplicarea art. 102 TFUE la practicile abuzive de afaceri

Dr. Laura LAZĂR

Facultatea de Drept, Universitatea "Babeş-Bolyai" din Cluj-Napoca

ABSTRACT

The article analyzes the recent changes introduced by the European Commission to the Guidelines regarding the application of Article 82 of the EC Treaty (now article 102 TFEU) on abusive exclusionary practices by dominant companies. It emphasizes the essential role of competition rules in protecting the internal market, especially during periods of economic difficulty and market concentration.

The author reviews specific changes, including the clarification of the concept "anti-competitive foreclosure," the approach to price-based exclusion practices, and the differentiation between explicit and implicit refusal to supply. The analysis underlines the importance of an effect-based approach in assessing dominant companies’ behavior and highlights the Commission’s evolving priorities for effective...