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DG COMPETITION DISCUSSION PAPER ON THE APPLICATION OF ARTICLE 82 OF

THE TREATY TO EXCLUSIONARY ABUSES

1. INTRODUCTION

Possible principles for Commission’s application of Article 82 to exclusionary abuse 1. This discussion paper sets out possible principles for the Commission’s application of Article 82 of the Treaty to exclusionary abuses. By exclusionary abuses are meant behaviours by dominant firms which are likely to have a foreclosure effect on the market, i.e. which are likely to

completely or partially deny profitable expansion in or access to a market to actual or potential competitors and which ultimately harm consumers. Foreclosure may discourage entry or expansion of rivals or encourage their exit. The paper is structured in the following way:

  • -

    Section 2 (paragraphs 8 to 10) describes the relationship between Article 82 of the Treaty with

other provisions;

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    Section 3 (paragraphs 11 to 19) addresses market definition issues;

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    Section 4 (paragraphs 20 to 50) describes the principles used for finding a dominant position;

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    Section 5 (paragraphs 51 to 92) describes the general framework for the analysis of

exclusionary abuses;

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    Sections 6 to 9 (paragraphs 93 to 242) describe the application of this general framework to a

number of exclusionary abuses;

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    Section 10 (paragraphs 243 to 265) describes the approach to the analysis of aftermarkets.

Possible analytical approach of Commission Factual context

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