Prof Pınar Akman

@profakman.bsky.social

1 year ago

to imply a reversal of the burden of proof, which the EU Courts might arguably not accept. The Draft Guidelines move away from an economic, #effectsbasedapproach and do not fully acknowledge or embrace the modern legal approach of the EU Courts to Article 102 TFEU. As they

Prof Pınar Akman

@profakman.bsky.social

3 years ago

(see changes to Guidance most notably re #asefficientcompetitors); 3- the timing of this initiative is very odd - the Court of Justice has decisively been embracing a more economic, #effectsbasedapproach to Article 102 as acknowledged by EC; 4- the EC docs understate the