Judgment_paragraph 52 · Post Danmark A/S v Konkurrencerådet (C-23/14)

52Given that the referring court has mentioned, in the fourth subparagraph of Question 1, the communication from the Commission entitled “Guidance on the Commission’s enforcement priorities in applying Article 82 of the EC Treaty to abusive exclusionary conduct by dominant undertakings”, it must be observed, as a preliminary point, that that document merely sets out the Commission’s approach as to the choice of cases that it intends to pursue as a matter of priority; accordingly, the administrative practice followed by the Commission is not binding on national competition authorities and courts.