New Guidelines on Dominant Position Abuse Released by European Commission
The European Commission has introduced new guidelines on the assessment of abuse of a dominant position under Article 102 TFEU, aiming to enhance legal certainty for businesses.
03.09.2026 | Finnish Competition and Consumer Authority
The European Commission has published updated guidelines regarding Article 102 of the Treaty on the Functioning of the European Union (TFEU), which addresses the prohibition of abuse of a dominant market position. These new guidelines replace the previous Guidance on enforcement priorities and are informed by both the case-law of the Court of Justice of the European Union and the Commission's own past decisions.
The primary goal of these guidelines is to improve legal certainty for businesses and assist them in self-assessing whether their actions may constitute exclusionary abuse. The guidelines outline general principles that apply to the assessment of abuse of a dominant position, as well as specific criteria for evaluating certain types of conduct.
Additionally, the guidelines provide comprehensive guidance on potential objective justifications for conduct that may otherwise be deemed abusive. While these guidelines are binding only on the European Commission, they are expected to serve as a reference for national courts and competition authorities within EU Member States when applying Article 102 TFEU. In Finland, the prohibition against abuse of a dominant position is already aligned with Article 102 as per the Finnish Competition Act (No 948/2011).
