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Abstract:
Art. 102 TFEU, new guidelines and the procedural framework: Taking the Commission’s pre-announcement of the work towards new guidelines on Art. 102 TFEU as a starting point, this study presents the first comprehensive and systematic evaluation of all 257 judgments of the Union Courts on Art. 102 TFEU (or its predecessor norms). The computational and algorithm-based findings provide new insights into Art. 102 decision-making practice. The increase in procedural requirements is an expression of a (continuous) procedural turn of the Union Courts. Against this backdrop, the Commission’s investigation of the facts (sometimes criticised as being too comprehensive) can be seen as an attempt to secure its Art. 102 decisions against appeal. New guidelines must also take sufficient account of the procedural framework.
