On September 3, the European Commission adopted guidelines focused on abusive exclusion practices employed by dominant firms. These practices can prevent competitors from entering or growing in a market through means other than merit-based competition, such as predatory pricing, exclusive agreements, and tied sales.

By denying competitors a fair chance to enter the market, these practices undermine innovation and market dynamics, ultimately reducing consumer choice. The newly published guidelines provide a modern and economically sound framework based on EU court jurisprudence, designed to effectively combat abusive exclusion practices.

The guidelines will assist companies in determining whether they hold a dominant position in one or more markets, including ecosystems and aftermarkets. They will also offer guidance on the criteria to consider when assessing whether a behavior deviates from merit-based competition and leads to exclusionary effects.

Furthermore, the guidelines define the analytical framework for specific types of behavior by dominant companies and clarify how firms can justify their actions by demonstrating that they are objectively necessary or yield efficiency gains that outweigh potential negative effects, ultimately benefiting consumers.