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European Commission Softens its Presumption-Based Approach in its Final Guidelines on ...
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Fusion42 · 15 September 2026 · Fusion42 review
The European Commission has finalized new guidelines on exclusionary abuses by dominant companies, shifting away from a strict presumption-based approach proposed in 2024 drafts to a softer evidentiary approach, reintroducing a 40% market share safe harbour and expanding focus on digital ecosystems and collective dominance. These changes mark a significant regulatory update impacting enforcement of competition law in the EU, replacing the 2008 Guidance Paper in October 2026.
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Companies targeting EU markets face a familiar yet recalibrated test for dominance that softens presumptions and adds digital ecosystem nuances. You should reassess market share exposure and ecosystem links now to avoid surprise enforcement under these revised guidelines.
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1 source · 14 Sep 2026
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