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EU Moves to Give Dominant Companies More Flexibility Under Antitrust Rules

 |  September 3, 2026
EU Moves to Give Dominant Companies More Flexibility Under Antitrust Rules

The European Union is preparing to give dominant companies greater scope to defend business practices that might otherwise breach competition rules when those practices strengthen economic resilience or advance other public-policy objectives, according to Bloomberg.

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    The European Commission outlined the approach as part of a revision of its guidance governing how the bloc applies antitrust rules to companies with substantial market power, Bloomberg reported on Sept. 3.

    Under the proposed framework, companies accused of abusing a dominant position — including through practices such as excessive pricing — could seek to justify their conduct by demonstrating that it supports broader objectives. According to Bloomberg, those considerations may include public health, product safety and improved capacity to withstand disruptions to supply chains.

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    The changes come as European policymakers increasingly focus on the bloc’s ability to cope with external economic pressures and supply shortages. The updated guidance would also allow companies to argue that conduct that would ordinarily raise competition concerns produces efficiencies that contribute to EU policy priorities, including sustainability, Bloomberg reported.

    EU competition chief Teresa Ribera said the revised guidelines are intended to make the boundaries of European competition law clearer for businesses.

    The guidelines “provide clarity and predictability on the limits of the law for companies operating in Europe,” Ribera said in a statement cited by Bloomberg.

    The initiative represents another adjustment to the EU’s competition framework as policymakers seek to balance traditional antitrust enforcement with concerns over Europe’s industrial strength and economic security.

    According to Bloomberg, EU regulators had already revised their approach to mergers earlier this year, reducing some obstacles to combinations that could create larger European companies capable of competing more effectively with major US and Chinese rivals.

    Taken together, the changes signal a broader effort by Brussels to consider resilience, scale and strategic policy objectives alongside competition concerns when determining how its rules should apply to European businesses.

    Source: Bloomberg