EC Finalizes First-Ever Article 102 Abuse Guidelines

The European Commission on September 3, 2026, adopted its first-ever substantive guidelines on exclusionary abuses under Article 102 of the Treaty on the Functioning of the European Union (TFEU), which prohibits the abuse of a dominant market position. This is a landmark development, as the new guidelines consolidate and clarify the Commission's analytical framework and enforcement priorities for conduct such as predatory pricing, exclusive dealing, and loyalty rebates.

For major corporations and their counsel, this guidance is critical. It provides greater legal certainty but also signals how the Commission will scrutinize business practices, potentially exposing dominant companies to heightened risk of investigation and significant fines. Companies with substantial market shares in the EU must now proactively assess their commercial strategies against this new framework to ensure compliance. The guidelines will also heavily influence the decision-making of national competition authorities and courts across the European Union, leading to a more harmonized enforcement landscape. The immediate next step is a close analysis of the final text to update internal compliance programs and risk assessments.