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POINTS CLÉS
Opening Keynote
Aleksandra BOUTIN (Partner, Positive Competition, Brussels) and Howard SHELANSKI (Partner, Davis Polk, Washington D.C.) moderated the discussion.
Aleksandra BOUTIN
Partner, Positive Competition, Brussels
The context of the adoption of Article 102 guidelines
- The previous Article 102 reform took place in a context in which the Commission decided that its enforcement did not correspond to advances in economic analysis and experience.
- At the time, important voices claimed that the Commission had no right to interpret the caselaw. Hence, the guidelines became the guidance paper on enforcement priorities.
- Recently, the Court’s decisions led the Commission to issue proper guidelines - which are essential to compliance work - but only in areas where it reduced the commitment to using particular tools or conceptual principles. However, the Commission did not explain what principles will guide the new guidelines instead.
- Now theories of harm exist, fines are higher and remedies are much more intrusive.