A Less Economic Approach? – The Commission’s Draft Guidelines on Article 102 TFEU in light of Proportionality and Legal Certainty
The increasing dominance of tech giants and the emergence of new digital markets have increased the relevance of Article 102 TFEU, yet the article’s enforcement mechanisms have not kept pace with the market’s rapid developments. In August of 2024, the European Commission responded to this need for more efficient enforcement by publishing its Draft Guidelines on the exclusionary abuse of dominance