The Commission’s Guidelines on abusive exclusionary conduct

One of the key changes is that it is no longer necessary to prove actual effects or harm to consumers. It is sufficient for the conduct to be capable of hindering competitors’ entry or expansion, thereby reducing the burden of proof on authorities and complainants. Exclusivity agreements and loyalty rebates are also presumed to be anticompetitive, and self-preferencing is addressed for the first time. We recommend reviewing your current commercial policies before a competitor, customer or authority does so.

You can read the full Legal Briefing here.