EBU responds to the European Commission consultation on draft guidelines to exclusionary abuses
21 November 2024On 8 November 2024, the EBU responded to the European Commission’s call for public contributions on the guidelines concerning the application of Article 102 TFUE to exclusionary abuses. Our submission highlights the need to reflect competition dynamics in the digital sectors (e.g. take into account the relevant parameters of competition in zero-price markets, factor in cross-market power).
On 8 November 2024, the EBU responded to the European Commission’s call for public contributions on the guidelines concerning the application of Article 102 TFUE to exclusionary abuses. Clearer guidance on exploitative abuses is needed, such as unfair data access and non-transparent terms, which can harm both consumers and business users. These issues are prevalent in the digital sector and current guidelines create legal uncertainty.
Our response calls for faster enforcement in digital markets and for more effective remedies to address the root causes of dominance. We highlighted that the guidelines should focus on non-price factors like data control and user lock-in, as well as consider how user biases can reinforce platform dominance.
The current guidelines fail to adequately address cross-market power, which allows platforms to leverage dominance in one area to control others. Furthermore, due to the rapid pace of innovation, particularly in AI and digital platforms, swift action is necessary to prevent long-term harm to market dynamics.
Finally, we recommend that the guidelines account for how user biases and platform design can reinforce dominance, further reducing competition.
Download our full response to the public consultation on the right for more details.
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