10 Sep 2009

Treatment of Exclusionary Abuses under Article 82 of the EC Treaty

Comments on the European Commission's Guidance Paper

Andrea Renda

Download Publication


In December 2008, the European Commission issued a Guidance paper setting out its enforcement priorities in applying Article 82 to abusive exclusionary conduct. In response, CEPS formed a Task Force of legal scholars, practicing attorneys and corporate counsel to debate and comment on this latest Guidance paper and to issue recommendations aimed at improving the Commission’s text and the interpretation of the rules it contains. Even if the Commission does not issue a revised version of the Guidance paper, the members of the Task Force hope that their comments will be useful to the Commission in its application of the principles set out in the Guidance paper and to national courts in their interpretation of the Guidance paper.

The Task Force was chaired by Dr. John Temple Lang, Cleary Gottlieb Steen and Hamilton LLP, Brussels and London; Professor, Trinity College, Dublin; and Visiting Senior Research Fellow, Oxford. CEPS Senior Research Fellow Andrea Renda served as Rapporteur.

Related Publications

Browse through the list of related publications.

Multi-Layered Actions?

Sustaining Partnerships in the EU Integrated Approach to Conflicts and Crises

The Recovery and Resilience Facility

A springboard for a renaissance of public investments in Europe?

Limitations on Human Mobility in Response to COVID-19

A preliminary mapping and assessment of national and EU policy measures, their sanctioning frameworks, implementation tools and enforcement practices

Central bank digital currencies

Can central banks succeed in the marketplace for digital monies?

EU defence projects

Balancing Member States, money and management

Between politics and inconvenient evidence

Assessing the Renewed EU Action Plan against migrant smuggling