Diario Oficial de la Unión Europea del 31/3/2023 - Comunicaciones e Informaciones
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Source: Diario Oficial de la Unión Europea - Comunicaciones e Informaciones
31.3.2023
EN
Official Journal of the European Union
C 116/1
II
Information
INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES
AND AGENCIES
EUROPEAN COMMISSION
COMMUNICATION FROM THE COMMISSION
Amendments to the Communication from the Commission Guidance on the Commissions enforcement priorities in applying Article 82 of the EC Treaty to abusive exclusionary conduct by dominant undertakings Text with EEA relevance
2023/C 116/01
1.
Over the years, the European Union EU rules on competition have been instrumental in protecting the competitive process within the EUs internal market 1. The enforcement of those rules, namely Articles 101 and 102 of the Treaty on the Functioning of the European Union TFEU, serves Europe well by contributing to a level playing field where markets serve consumers 2. It can moreover contribute to achieving objectives that go beyond consumer welfare, such as plurality in a democratic society 3.
2.
Against this backdrop, it is of the utmost importance that the Unions competition rules are applied vigorously and effectively. This is all the more necessary in times of economic hardship, and in view of increasing market concentration in various industries.
3.
Article 102 TFEU prohibits the abuse of a dominant position by undertakings that operate in the Internal Market. It has been instrumental in disciplining the conduct of dominant undertakings, which have a special responsibility not to allow their behaviour to impair genuine, undistorted competition on the internal market 4.
4.
On 5 December 2008, the Commission adopted the Communication from the Commission Guidance on the Commissions enforcement priorities in applying Article 82 of the EC Treaty now Article 102 TFEU to abusive exclusionary conduct by dominant undertakings Guidance on enforcement priorities 5.
1 Competition law is one of the components for the achievement of the internal market, which includes a system ensuring that competition is not distorted, see Protocol 27 to the Treaty on the European Union.
2 See Commission Communication, Shaping Europes digital future, COM2020 67 final, p. 8.
3 Judgment of 14 September 2022, Google and Alphabet v Commission Google Android, Case T-604/18, EU:T:2022:541, paragraph 1028.
4 Judgment of 6 September 2017, Intel v Commission, Case C-413/14 P, EU:C:2017:632, paragraph 135 and case law cited; judgment of 19 January 2023, Unilever Italia Mkt.Operations Srl v Autorita Garante della Concorrenza e del Mercato, Case C-680/20, EU:C:2023:33, paragraphs 28 and 38.
5 OJ C 45, 24.2.2009, p. 7.
