What changed
The European Commission adopted Guidelines on the application of Article 102 of the Treaty on the Functioning of the European Union to abusive exclusionary conduct by dominant companies.
It also withdrew its 2008 Guidance on enforcement priorities for exclusionary conduct, which had been amended in 2023.
The adoption process is a three-year process.
The Guidelines are based on the case law of the EU Courts and aim to contribute to the modernisation of EU competition policy and ensure that Article 102 TFEU can effectively address modern business realities.
Highlights
- The Commission adopted Article 102 exclusionary-abuse guidelines and withdrew 2008 guidance.
- Guidelines help assess dominance, set analysis frameworks and clarify possible justifications.
- Process included a call for evidence in March 2023, consultation in August 2024 and a February 2025 workshop, within a three-year process.
- The Commission may provide future guidance on exploitative abuses.
Who is affected and how
Article 102 of the Treaty on the Functioning of the European Union prohibits abusive behaviour by dominant companies, including exclusion of competitors from the market.
It is enforced by the Commission and the NCAs.
The Guidelines help companies assess whether they, alone or together with other companies, hold a dominant position in one or more markets, including where ecosystems and after-markets are concerned.
They also set out a framework for analysing specific types of conduct by dominant companies.
How conduct will be assessed
Examples of exclusionary abuses include predatory pricing, margin squeeze, exclusive dealing and refusal to supply.
The Guidelines clarify how companies may justify their conduct by showing it is objectively necessary or creates efficiencies which outweigh negative effects and benefit consumers.
They provide guidance on criteria to take into account when establishing whether conduct departs from competition on the merits and leads to exclusionary effects.
How the text was shaped
The Commission launched a call for evidence in March 2023 and held a public consultation in August 2024.
It also held a stakeholder workshop in February 2025.
The 2008 Communication contributed to promoting an effects-based approach, which has since been enshrined in the case law of the EU Courts, and the new Guidelines are based on that case law.
What to watch next
The Commission will continue pursuing exploitative abuses where appropriate and may provide guidance on that type of conduct at a later stage.