The purpose of this event is to think creatively about the emerging landscape regarding the enforcement of Article 102 TFEU and national equivalent rules by the European Commission and the NCAs, not only in the digital sector, but also in more “traditional” economic sectors. In particular, we focus on the different approaches followed by the recent case law of the EU courts regarding the interpretation of this provision for various theories of harm, with the aim to understand the overall theoretical framework that is emerging. We then address the way the European Commission and the NCAs have responded so far to the move during the last decade towards a “more economics approach” and the adoption of the Guidance on the Commission's enforcement priorities for Article 102 TFEU, what has been their enforcement strategy, in view of the existence of various presumptions and more forms-based approaches for certain theories of harm, and how this emerging EU framework, if it is coherent, fares with regard to the debate in other jurisdictions, such as the US, concerning the reform of competition rules and standards applying to dominant undertakings or undertakings with monopoly power. The workshop focus on the legal aspects of Article 102 TFEU and national equivalent rules, and the overall legal, rather than economic, coherence of the emerging framework.

The discussion is organised along two parts. The first part takes a more descriptive perspective and examines the recent case law of the EU courts and the decisional practice of the NCAs regarding different theories of harm, with the aim to understand the overall framework that is emerging and the principles, if any, it draws upon. The second part addresses the normative debate about there to go next, what is the strategy to be developed by the various actors and what are the implications of this emerging framework for global and in particular transatlantic convergence.