Abstract 

The Commission announced a project to write Guidelines on exclusionary abuse in 2023. The paper studies this project from three perspectives: (i) the 2023 policy announcement and the reform of the 2008 Guidance Paper on exclusionary abuse that occurred on the same day; (ii) the codification of EU competition law carried out by the Court of Justice in the Super League judgment and subsequent case-law; (iii) the content of the draft Guidelines issued in 2024. The findings reveal that the Commission's policy choices at times clash with the case-law, and that the case-law itself is not entirely coherent. From this perspective, the exercise of drafting Guidelines may be seen as part of a conversation between the Commission and the Court on the direction to be taken when interpreting Article 102 rather than a codification of the law.

Paper can be downloaded here.

Practicalities

This event will be a hybrid event. The seminar will take place in Roeterseiland campus (REC) building A, room number A3.01, and will also be streamed online via Zoom.  

About the speaker 

Giorgio Monti is Professor of Competition Law at Tilburg University and a member of the Tilburg Law and Economics Center. He is also a research fellow with the Center for Regulation in Europe (CERRE) and joint editor of the Common Market Law Review.

About ACLE

The Amsterdam Center for Law and Economics (ACLE) is a joint initiative of the Faculty of Economics and Business and the Faculty of Law at the University of Amsterdam. The objective of the ACLE is to promote high-quality interdisciplinary research at the intersection between law and economics.