Article 82 of the EC Treaty holds that “[a]ny abuse by one or more undertakings of a dominant position within the common market or in a substantial part of it shall be prohibited as incompatible with the common market insofar as it may affect trade between Member States." Article 82 goes on to provide examples of the forms in which such abuse may arise, but uncertainty as to the application of Article 82 has led to some concern that additional guidance is necessary to ensure that the provision is employed and interpreted correctly.
The EC's DG Competition is currently considering issuing guidelines in relation to Article 82. Although a draft of the text has yet to be produced, ICC's Task Force on EU Article 82 is focused on providing comments designed to assist in the guidelines' production.
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