EU Commission’s Final Article 102 Guidelines On Unilateral Conduct: Key Changes And Implications For Business

On 3 September 2026 the EU Commission published its long-awaited Guidelines on the application of Article 102 TFEU to abusive exclusionary conduct by dominant undertakings (Guidelines), replacing the 2009 Guidance on enforcement priorities in applying Article 102 TFEU to abusive exclusionary conduct by dominant companies. The aim of the Guidelines is to enhance legal certainty, facilitate self-assessment and compliance for businesses and increase transparency and consistency of the application of Article 102 TFEU, including at Member State level.

The final version of the Guidelines follows a lengthy consultation period with stakeholders on the draft guidelines, which has resulted in material changes reflected in the final version. The soft safe harbour below 40% market share has been reinstated, fewer types of conduct are now subject to the presumption that they will create exclusionary effects and there is more guidance on efficiencies claims and objective justification and