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EUROPEAN COMMISSION DG Competition - page 5 / 113





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2. While this paper presents the analytical approach that could be used by the Commission, it cannot provide details of all possible applications of this approach. The approach described in this paper, if applied by the Commission, would have to be applied taking into account the particular facts and circumstances of each case.

Wide variety of abuses – DP not exhaustive 3. A wide variety of practices may be abusive if carried out by an undertaking in a dominant position. The discussion paper is not exhaustive in the sense that not all possible abusive practices are described. The most important categories of practices not covered at this stage are exploitative and discriminatory practices.

Objective of Article 82: Protection of consumer welfare, efficient allocation of resources

4. With regard to exclusionary abuses the objective of Article 82 is the protection of competition on the market as a means of enhancing consumer welfare and of ensuring an efficient allocation of resources. Effective competition brings benefits to consumers, such as low prices, high quality products, a wide selection of goods and services, and innovation. Competition and market integration serve these ends since the creation and preservation of an open single market promotes an efficient allocation of resources throughout the Community for the benefit of consumers. In applying Article 82, the Commission will adopt an approach which is based on the likely effects on the market.1

Commission’s evolving case law on Article 82 and judgments of ECJ and CFI 5. This paper draws and elaborates on the Commission’s evolving experience with the application of Article 82 as well as on the case-law of the Court of Justice and the Court of First Instance of the European Communities.

Without prejudice to Commission notices, past or future


See section 5 below.

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