EU Commission Unveils New Article 102 Guidelines on Abuse of Dominance
These new guidelines clarify the thresholds for abuse of dominance, emphasizing that while holding a dominant position is not inherently unlawful, dominant firms must refrain from abusing that position under EU competition law.
The European Commission’s newly issued Article 102 guidelines, published on 29 October 2026, provide a detailed framework for evaluating when a firm with market power engages in anti‑competitive conduct. The guidance restates that dominance in itself is not forbidden, but the abuse of that power—such as practices that foreclose competition or exploit consumers—is prohibited. The guidelines outline specific factors such as pricing, market entry barriers, and predatory conduct, offering firms a clearer interpretation of enforcement expectations. For large law firms advising multinational clients, the update signals a need to reassess existing dominance positions, conduct robust compliance audits, and develop internal controls to avoid conduct that could trigger enforcement. Firms should also monitor forthcoming explanatory comments from the Commission and potential updates to the EU’s enforcement strategy, as these may refine the application of the new thresholds in real‑world investigations.