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European Commission Softens Its Presumption-based Approach In Its Final Guidelines On ...

Published

15 September 2026

Topic

regulatory

Sectors

Enterprise SoftwareCybersecurity

Geography

Europe

Source

Read at jdsupra.com

Verified

Fusion42 · 15 September 2026 · Fusion42 review

The European Commission published its final Guidelines on exclusionary abuses by dominant companies, softening the presumption-based approach proposed in the 2024 draft but maintaining a shift from the 2008 economic effects-based model. The final Guidelines introduce a soft safe harbor for companies with market shares below 40%, expand guidance on collective dominance and digital ecosystems, and adopt a sliding scale approach to evidentiary burdens in abuse cases, effective from October 2026.

This Wire brief sits within Fusion42's coverage of Enterprise Software and Cybersecurity, and 3 sources have reported it between 7 Sep 2026 and 15 Sep 2026.

◆ The Wire takeaway

You face a changed market-access risk as the EU softens dominance presumptions but keeps a tougher stance on exclusionary conduct, opening new compliance challenges from October 2026. Companies near or above 40% market share must prepare for increased scrutiny and shifting evidentiary standards.

Coverage

3 sources · first reported 7 Sep 2026 · latest 15 Sep 2026

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Topics

Enterprise SoftwareCybersecuritycompetition-lawantitrustdominancemarket-powerregulationeuropean-commission