Our colleagues William Ward and Joe Minichiello have published in the Competition Law Journal. They explore the European Commission’s proposed approach to evaluating exclusionary abuses of dominance, moving towards a more ‘form-based’ approach compared to the current ‘effects-based’ approach. The article explains that, if not implemented correctly, its planned approach risks worsening consumer outcomes including in the following cases: (i) when there is an information failure in the sale of two seemingly distinct products; (ii) when products are priced below cost in multisided markets; and (iii) when IP is used to used to protect investment returns. Respectively, the growing complexity of consumer products, the rise of multisided markets, and increasing importance of IP make these issues all the more pressing for the EC.