Application of Article 102 TFEU: The Guidelines on exclusionary abuses of dominance
Article 102 TFEU prohibits abusive behaviour by companies holding a dominant position on any given market. This includes exclusionary abuses, namely behaviour that excludes competitors from the market.
On 3 September 2026, the Commission adopted the first Guidelines on exclusionary abuses (‘the Guidelines’):
- Communication from the Commission – Guidelines on the application of Article 102 of the Treaty on the Functioning of the European Union to abusive exclusionary conduct by dominant undertakings (‘the Guidelines’), all EU languages (ZIP file).
- Press release
- Q&A
- Factsheet
The Guidelines are based on the Union Courts’ rulings and the Commission’s experience on key issues concerning exclusionary abuses by dominant companies. The Guidelines seek to enhance legal certainty, facilitating compliance and enabling businesses to compete on the merits, and increase consistency in the enforcement of Article 102 TFEU, including by national competition authorities and national Courts who can use the Guidelines as a reference point in the application of Article 102 TFEU.
The Guidelines have been adopted following a process where all stakeholders have actively participated and provided their input, described in the section below. Following the Guidelines adoption, the Commission has withdrawn the 2009 Guidance on enforcement priorities.
The Guidelines adoption process
Page contents
- 1. The “102 Package” of March 2023
- 2. The draft Guidelines and the results of the public consultation
- 3. Stakeholder workshop
In 2009, the Commission adopted Guidance on its enforcement priorities in the area of exclusionary conduct, promoting a so-called “effects based” approach to exclusionary abuses of dominance.
1. The “102 Package” of March 2023
Against the background of market developments and the evolution of the EU Court’s case law, in March 2023 the Commission amended the guidance on enforcement priorities through an Amending Communication.
In parallel with the updated Guidance on its enforcement priorities, the Commission launched the process to adopt the first Guidelines on exclusionary abuses of dominance. As part of this process, the Commission also issued a Call for Evidence seeking feedback on the adoption of Guidelines on exclusionary abuses of dominance. The responses to the Call for Evidence can be found on the relevant Better Regulation webpage. Additionally, stakeholders submitted position papers, which can be accessed here.
More information on the background and rationale behind the initiative of the Guidelines, as well as the updates to the 2009 Guidance, can be found in the DG COMP Staff Policy Brief titled A dynamic and workable effects-based approach to Article 102 TFEU.
2. The draft Guidelines and the results of the public consultation
Building also on the feedback received during the Call for Evidence, the Commission published on 1 August 2024 a draft of the Guidelines on exclusionary abuses and launched a public consultation to gather comments on the draft. The consultation was closed on 31 October 2024. The responses to the public consultation can be found here.
3. Stakeholder workshop
On 13 February 2025, the Commission hosted an interactive stakeholder workshop to gather views on different key aspects of the draft Guidelines and discuss the practical implications of their application. More information on the workshop programme can be found here.