Market Intelligence

The European Commission has accepted binding commitments from Sanofi S.A. addressing preliminary concerns that the pharmaceutical giant may have abused its dominant position in Germany and France by disparaging competitor Seqirus's enhanced flu vaccine through misleading communications to healthcare professionals. This marks the third disparagement case concluded by the Commission in recent years...

The EU General Court's landmark Booking/Etraveli judgment validates the European Commission's power to block digital mergers based on entrenchment theories, even without horizontal overlaps or significant market share increases. This watershed ruling arrives alongside new Article 102 Guidelines and draft Merger Guidelines that reshape how dominant platforms must justify acquisitions and demonstrate competitive benefits in ecosystem markets.

The European Commission's newly adopted Article 102 TFEU Guidelines on exclusionary abuses of dominance represent a significant shift in EU competition law enforcement. Legal experts and economists debate whether these guidelines truly provide legal certainty or introduce problematic presumptions that could chill innovation, particularly in the technology sector where they intersect with the Digital Markets Act.

The European Commission has released comprehensive guidelines on applying Article 102 TFEU to exclusionary conduct by dominant firms, modernizing EU competition policy while codifying existing case law. These guidelines introduce analytical frameworks for assessing various types of anticompetitive behavior, including predatory pricing, margin squeeze, exclusive dealing, and tying arrangements, while addressing the role of presumptions and efficiency defenses in establishing abuse of dominance.

The European Commission's new Guidelines on exclusionary abuses of dominance under Article 102 TFEU provide companies with a comprehensive framework for assessing their market position and commercial conduct. These Guidelines consolidate decades of case law and enforcement practice, offering businesses a structured approach to evaluate dominance, understand how different types of conduct will be analyzed, and identify the evidence that matters when commercial strategies come under scrutiny.

The European Commission has adopted its first comprehensive Guidelines on exclusionary abuses of dominance under Article 102 TFEU, marking a significant evolution in EU competition law enforcement. Following a three-year consultation process, these Guidelines codify evolving case law while addressing concerns about enforcement thresholds and introducing notable changes including the reintroduction of a 40% market share benchmark, refined evidentiary presumptions, and expanded guidance on digital markets and