Guidelines on the application of Article 102 TFEU to abusive exclusionary conduct by dominant undertakings

In this consultation response, BEUC welcomes the approach taken in the Commission’s proposed guidelines in abuse of dominance cases under article 102 of the Treaty of the Functioning of the EU which could speed up enforcement and make it more effective.

Abuse by dominant companies of their market power can be very harmful to consumers. Dominant companies’ abuse in breach of Article 102 TFEU has led to higher prices for consumers, for example in relation to chocolate and beer, medicines and digital services like music streaming or dating apps, or reduced choice when searching online. It is therefore essential that competition law enforcers swiftly and effectively tackle abuses of dominance to ensure that these abuses stop and to deter future abuses. The Commission’s proposed Guidelines are a step in the right direction to achieve this, in particular as they set out which categories of conduct can be presumed to cause harm. This could lead to a speeding up of enforcement cases and the ability to bring more cases to stop such abuses. Where such abuses are proven, consumers should also be able to claim compensation for the harm caused to them.