Over the last year (2022/23), the case law on abuse of dominance has undergone a significant evolution. The European Courts handed down a string of important judgments – notably, Intel Renvoi, Qualcomm, Servizio Elettrico Nazionale, Google Android and Unilever – which move the case law closer towards a more effects- and welfare-based assessment of exclusionary dominant firm conduct, foreshadowed in the Court of Justice’s watershed ruling in Intel. At the same time, some of these cases resulted in major defeats for the European Commission before the General Court. In March this year, the development of the abuse of dominance case law took yet another twist with the Commission’s announcement of amendments to its 2008 Guidance Paper and the planned adoption of new Guidelines on Exclusionary Abuses by 2025. This edition of the CCP Conversations Series will reflect on these major developments in the abuse of dominance case law from a legal and economic perspective. Focusing on the application of the As-Efficient Competitor test, we will discuss the implications of the recent case law and the reform of the Commission’s 2008 Guidance for the role of economic analysis and evidence in future abuse of dominance cases.
