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Commission Adopts Guidelines on Exclusionary Abuses of Dominance

On 3 September 2026, the European Commission (“Commission”) adopted new guidelines on exclusionary abuses by dominant companies, replacing its 2008 Guidance on enforcement priorities. The guidelines aim to modernise the Commission’s approach, provide greater legal certainty and promote more consistent enforcement across the EU.

To achieve these objectives, the guidelines introduce several important changes to the assessment of potentially abusive conduct. They adopt a sliding scale for evidence: the more likely a practice is generally considered to harm competition, the less case-specific evidence the Commission may require. A clearer distinction is also drawn between pricing and non-pricing conduct. Price-cost tests remain relevant for practices such as predatory pricing and margin squeeze but will generally not be required for access restrictions or self-preferencing. Dominance is considered unlikely below a market