European Competition Law: The Impact of the Commission’s Guidance on Article 102

European Competition Law: The Impact of the Commission’s Guidance on Article 102

Edited by Lorenzo Federico Pace

This timely book, with contributions from prominent experts including Luis Ortiz Blanco, Valentine Korah, Ernst-Joachim Mestmäcker, Lorenzo F. Pace and Richard Whish, examines the novel aspects of the 2009 Guidance on Article 102. They present a critical assessment of the Guidance that could be relevant to the result of the ongoing Commission’s investigations, for example, the opened procedure against Google.

Chapter 1: Introduction to the Research Project and its Results

Lorenzo Federico Pace

Subjects: law - academic, competition and antitrust law, european law


Lorenzo Federico Pace INTRODUCTION 1 This volume brings together all the contributions to the seminars held between March and May of 2009 at the Universities of Molise and Rome ‘La Sapienza’ on the 2009 Guidance on the European Commission’s enforcement priorities in applying Article 82 of the EC Treaty (Article 102 of the Treaty on the Functioning of the European Union: TFEU). The research was organised and financed within the framework of the Jean Monnet ‘European Union and Competition Law’ programme (www., of which I am the Director. Because the contributions were prepared in 2009, most of them do not take account of the changes occasioned by the Lisbon Treaty (in particular the changes to the numbering of the Treaty articles). 2 THE OBJECTIVE OF THE RESEARCH PROJECT The results of the research project have a value that goes well beyond that of a simple commentary on the 2009 Guidance. The project had three different objectives. In the first place, one aim was to provide a critical commentary by eminent scholars from various member states on the Commission’s Guidance. In particular, something which emerged, and which for me is significant, is that the modification of the criteria for the application of Article 102 TFEU is not simply an issue of interpretation. Quite the opposite: these modifications, along with those contained in the Commission’s Communication on the interpretation of Article 101 TFEU1 by changing 1 Communication from the Commission – Notice – Guidelines on the application of Article 81(3) of the...