From Intel & Qualcomm to the new Art. 102 TFEU-Guidelines – Streamlining the Form- & Effects Based Approach Zeitschrift für Wettbewerbsrecht 22, 2 (2024), 115 - 129.
In EU antitrust practice, there is a strong consensus that a new approach to ascertaining the abuse of dominance is pertinent. The Commission concedes this in underlying that the “guidance on its enforcement priorities in applying Art. 102” is outdated and should be reformed. However, the underlying assessment parameters are still contentious. This article argues for a standard of dominance to notably reflect the digital transformation. While the predominant intervention aim must be based on fostering innovation, a notion of economic fairness and sustainability considerations gain momentum in antitrust enforcement.
