ARTICLE · 12 OCTOBER 2026
EU Article 102 Guidelines What Businesses Need To Know Now
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
European UnionAntitrust/Competition Law
Overview
On September 3, 2026, the European Commission adopted its first Guidelines on exclusionary abuses of dominance following a three-year consultation process during which stakeholders were invited to comment on and provide feedback on the draft text. Until now, the Commission’s only guidance in this area was the 2009 Guidance Paper on enforcement priorities, a non-binding statement of enforcement policy.
The Guidelines aim to codify and systematize the evolving case law of the EU Courts on the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU). At the same time, the Commission seeks to address a number of concerns raised in response to the 2024 draft, in particular criticisms that certain aspects of the proposed framework lowered the threshold for intervention or departed from established case law.
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