Comments on the draft Guidelines on Exclusionary Abuses of Dominance

This consultation response concerns the treatment of intellectual property in the European Commission's draft Guidelines on Exclusionary Abuses of Dominance. I argue that the Draft Guidelines (i) correctly do not depart from the 'complementarity' and 'concurrency' principles on the IP-Competition Interface; (ii) fail to provide sufficient legal certainty in relation to the law governing refusals to license IPRs after Google Shopping; and (iii) fail to explicitly adopt the SEP licensing framework under Article 102 set out in Huawei v ZTE.