Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 19 OCTOBER 2026

Global Antitrust Hot Topics: EU, US & Global Perspectives - Recent Developments On Abuse Of Dominance & Monopolization

Baker Botts L.L.P.
Baker Botts L.L.P.
Contributor
Baker Botts L.L.P.

Baker Botts L.L.P.

Baker Botts is a leading international law firm with 11 offices located in the US, Europe, and the...

View firm profile
Explore more from Baker Botts L.L.P.

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.

GlobalAntitrust/Competition Law
Matthew Levitt
Matthew Levitt
John Taladay
John Taladay
Margot Vogels
Margot Vogels

Baker Botts was pleased to sponsor the 14th edition of the Global Antitrust Hot Topics: EU, US & Global Perspectives, one of the premier gatherings in the EU competition law community. The September 24, 2026 program featured insights from the European Commission, economists, lawyers, journalists and in-house practitioners, providing attendees with the opportunity to hear first-hand about forthcoming developments in EU and US competition policy.

The panel on Recent Developments in Abuse of Dominance & Monopolization brought together Elisa Mariscal (Principal at Cornerstone, London), Nicolas Petit (Professor of Competition Law at the Department of Law of the European University Institute, Florence), John Taladay (Partner at Baker Botts, Washington D.C.) and Maria Teresa Stecher (Senior Policy Manager at CCIA Europe, Brussels). It is no surprise that the panel, moderated by Matthew Levitt (Partner at Baker Botts, Brussels and London), focused on the European Commission’s recently

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Must Meta Open WhatsApp To Competing AI Assistants?

The European Commission has imposed interim measures requiring Meta to restore third-party AI assistant access to WhatsApp's Business API, marking a significant enforcement action under Article 102 TFEU. This decision addresses Meta's alleged abuse of dominant position by excluding competing AI assistants while maintaining access only for its own Meta AI. The case raises critical questions about competition enforcement in emerging digital markets and whether early foreclosure effects can irreversibly streng
BelgiumAntitrust/Competition Law
Steptoe LLP
Steptoe LLP
Article

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
McDermott Will & Schulte
McDermott Will & Schulte
Article

EU General Court Upholds First-Ever “Ecosystem” Merger Prohibition

The EU General Court has upheld the European Commission's prohibition of Booking's acquisition of Etraveli, marking the first judicial endorsement of an "ecosystem" theory of harm in merger control. This landmark ruling validates the EC's use of reverse leveraging and entrenchment theories, establishing that dominant firms can be blocked from acquiring assets in adjacent markets even where they lack dominance in the target's market. The decision has far-reaching implications for digital platform acquisition
European UnionAntitrust/Competition Law
A&O Shearman
A&O Shearman
Article

EU General Court Upholds The Prohibition Of Booking/eTraveli

The EU General Court's landmark judgment in Booking Holdings v Commission marks a pivotal shift in merger control enforcement, validating the European Commission's authority to block conglomerate mergers based on ecosystem strengthening and market contestability concerns. This decision establishes that even marginal market share increases in adjacent markets can justify prohibition when they entrench dominance and reduce competitive dynamics.
European UnionAntitrust/Competition Law
WilmerHale
WilmerHale
Article

European Commission Opens First Formal Antitrust Investigation In The Medical Devices Sector

The European Commission has launched its first formal antitrust investigation in the medical devices sector, examining whether Align Technology may have abused its dominant position by restricting interoperability between its Invisalign clear aligners and competing intra-oral scanners. The investigation focuses on allegations that the company created a closed ecosystem, forcing dental professionals to purchase iTero scanners to access Invisalign products for their patients.
European UnionAntitrust/Competition Law
A&O Shearman
A&O Shearman
Article

Booking Holdings v. Commission: General Court Clears The Way For Reverse Leveraging

The General Court of the European Union has upheld the European Commission's prohibition of Booking Holdings' acquisition of eTraveli Group, endorsing for the first time a 'reverse leveraging' theory of harm in conglomerate mergers. This landmark judgment establishes that dominant companies can be blocked from acquiring complementary businesses even when the target operates in a market where the acquirer lacks dominance, fundamentally reshaping merger control enforcement in digital and ecosystem-driven mark
United StatesAntitrust/Competition Law
Baker Botts L.L.P.
Baker Botts L.L.P.
Article

Trump Tariff Tracker – May 8, 2026

A U.S. Court of International Trade ruling struck down President Trump's global 10% tariffs under Section 122, finding them unauthorized and unlawful. Meanwhile, the administration continues to threaten increased tariffs on European automobiles and initiates reviews of existing China tariff actions. This comprehensive tracker documents the complex landscape of implemented, pending, and proposed tariff measures across multiple countries and product categories.
GlobalInternational Law
Baker Botts L.L.P.
Baker Botts L.L.P.
Article

Texas Large Load Interconnection Update: ERCOT Batch Zero Pause And Verification Process

Texas regulators have paused the ERCOT Batch Zero interconnection process for data centers following Governor Abbott's directive requiring comprehensive verification of all large load projects. The verification encompasses two distinct workstreams affecting projects based on size and type, with implications for energization timelines and regulatory compliance. Projects with near-term energization dates face particular uncertainty as ERCOT implements new audit requirements that could take several months to c
United StatesEnergy and Natural Resources
Baker Botts L.L.P.
Baker Botts L.L.P.