The Bad Behaviour Rule Book, explained

In this explainer

1. 1

   The draft Article 102 guidelines sort conduct into three groups: naked restrictions are illegal by object; exclusive dealing, predatory pricing and certain loyalty rebates are presumed abusive; only novel or ambiguous conduct still needs full proof of effects.

2. 2

   The draft is contested in Europe itself: critics argue it departs from the case law (Intel, Unilever Italia, SEN) and shifts the burden of proof to the dominant firm.

3. 3

   The EU can lean on presumptions partly because the Digital Markets Act runs alongside Article 102; African jurisdictions have no equivalent ex ante regime for digital markets.

4. 4

   Where dominance is often structural and courts are still building capacity, the brief warns that a rebuttable presumption can become irrebuttable in practice.

5. 5

   The brief proposes a hybrid: object rules for naked restraints, effects analysis with a 'reasonably efficient competitor' test for pricing and rebates, explicit public interest defences, and investment in institutions.