The role of economic analysis in evaluating exclusionary abuses of dominance

Economic analysis plays a significant role in the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU), particularly in cases involving exclusionary abuses of dominance. In an article for the Competition Law Yearbook 2025, published by Aranzadi La Ley, RBB’s Enrique CañizaresEnrique CañizaresPartner and Francisco Penas MoranFrancisco Penas MoranAssociate Principal examine key areas where the European Commission’s draft guidelines on Article 102 TFEU depart from a sound economic approach. Their review focuses on:

• the interpretation of “competition on the merits”

• the role of effects and the consumer welfare standard in enforcement

• the practical implications of the shift in approach for the analysis of exclusionary behaviours.

 The full publication is available in Spanish from Aranzadi La Ley.