DG Competition’s discussion paper appears to signal a departure from the form-based approach articulated most strongly in <i>Michelin II</i>. However, its full significance is limited by the enunciation of a precautionary principle under which abuse is framed to capture any conduct...

This article assesses the implications of the judgment for the future review of Article 82 cases, and compares and contrasts the approach taken by the Court with that taken in the DG Competition discussion paper on the application of Article 82 of the EC Treaty to exclusionary abuses.