The Draft Article 102 Guidelines: A Somewhat Confused Attempt to Partly Roll Back the Effects-based Approach of the Union Courts
Introduction Over the summer, the Commission published its long-awaited draft Article 102 Guidelines (‘draft GL’) for comments.[1] The stated intention of the Commission is to base the Guidelines on the case law of the Union Courts (§9). The stated goals of the Guidelines are to allow a vigorous and effective application of Article 102, but…