to remedy these issues, the revised Guidelines should: (i) define #competitiononthemerits in line with the #consumerwelfare objective (ie conduct is competition off the merits if it ultimately harms intermediary/final consumers) and/or define #exclusionaryeffects as those to the detriment of
around harm to #consumers and proving that requires an #effects analysis. Further, the Court also connects the concept of #competitiononthemerits to #harmtoconsumers, as we argued in our submission to #Article102Guidelines consultation (see 👇). This is highly important for the revised
It was great to speak at CRA #BrusselsConference_CRA on draft #Guidelines on #exclusionaryabuse #Article102. I argued that to improve the Guidelines #competitiononthemerits should be operationalised by reference to harm to #consumers;
currently stand, the Draft Guidelines offer limited guidance because they are arguably inconsistent with the case law and they lack clarity in many respects. The Draft Guidelines can be improved by: connecting the concept of #competitiononthemerits to harm to consumers;
