EU revises antitrust rules to allow sustainability as defence for dominant firms
EU updates Article 102 guidelines, letting dominant companies cite sustainability and consumer savings as justification for practices that squeeze rivals.
The European Commission has unveiled revised antitrust guidelines that permit dominant companies to argue that practices which restrict competition are acceptable if they deliver clear sustainability benefits.
Under the new framework, a firm holding more than 40% of a market — the threshold for dominance — can justify conduct that harms rivals if it leads to lower raw material consumption, reduced pollution, greater use of recyclable products, or more resilient supply chains. Cost savings passed on to consumers will also be weighed in the company's favour.
The changes apply to Article 102 of EU law, a provision that has underpinned multi-billion-euro fines against major technology companies including Apple, Google, and Microsoft for abusing market power. The revised guidance is also designed to help businesses determine whether they qualify as dominant and in which specific markets.
The move has drawn sharp criticism from academics and economists. In an open letter to Commission President Ursula von der Leyen and antitrust chief Teresa Ribera, 28 leading scholars — including former senior Commission economists — warned that the new rules introduce analytical shortcuts that blur the line between genuine efficiency and anti-competitive behaviour.
The letter argued that the guidelines fail to distinguish adequately between conduct that harms competition and conduct that reflects legitimate business acumen, superior skill, or efficiency by dominant firms.