Frontier welcomes the European Commission’s initiative to adopt Guidelines on exclusionary abuses of dominance and has provided a response to the consultation on the Draft Guidelines published in summer. This follows our response to the initial call for evidence on the subject in 2023 which can be found here.

We believe one key area the new Guidelines should tackle is related to the concept of competition on the merits. In our response, we look at why the attempt by the Draft Guidelines to bring a practical definition to this concept is flawed. We set out why a better option would be to ground competition on the merits in the more tangible concept of replicability and the well-established as efficient competitor (AEC) principle.  

Frontier regularly advises clients on antitrust issues relating to European and national competition law.

For further information please contact media@frontier-economics.com or call +44 (0) 20 7031 7000.

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