The Commission has initiated a discussion about the application of the European competition rules for dominant firms. It recently published a Staff Discussion Paper which outlines some basic principles and raises a number of important questions, in particular related to the assessment of “exclusionary practices”.
This paper argues that the current application of Article 82 has several material problems. The current form-based approach to Article 82 may reduce the incentives to strive for dominance and could also hinder the process of rationalization.
