The new framework for “abuse of a dominant position” at a workshop organized by the Hellenic Competition Commission

The European Commission is revising the key principles used to assess whether the conduct of a dominant undertaking constitutes an abusive exclusionary practice in light of the case law of the Union courts.

The new framework for “abuse of a dominant position” at a workshop organized by the Hellenic Competition Commission
Η πρόεδρος της Επιτροπής Ανταγωνισμού κα Μαίρη Σαρπ

This article is an AI translation of an original piece published in Greek. Read original

The Competition Commission organized a workshop on “Abuse of a Dominant Position: Developments and Prospects” on Friday, May 29, 2026, at the Bank of Greece’s main building in Athens.

This issue is of paramount importance because it concerns the conduct of economically powerful firms, which may act in ways that distort or harm effective competition, to the detriment of the public interest, other market participants, and consumers. The harm caused to competition by the abusive conduct of a dominant firm can take various forms, such as higher prices, a decline in the quality of products and services, reduced innovation, or limited consumer choice.

The issue is also highly topical as the European Commission is reviewing the key principles by which it will assess whether the conduct of a dominant firm constitutes an abusive exclusionary practice in light of the case law of the Union courts. These guidelines are expected to be finalized after the summer.

The workshop opened with a particularly interesting discussion between the Chair of the Competition Commission, Irini Sarp (photo), and the Advocate General of the Court of Justice of the European Union, Athanasiou Rantou, focusing on recent developments in the case law of Article 102 TFEU and the application of the rules on abuse of a dominant position.

Through references to significant cases before the CJEU, such as the European Super League, Meta, Gazprom, Unilever, and Lithuanian Railways, the challenges faced by authorities and courts in adapting competition law to contemporary economic and technological developments were highlighted, as well as the need to combine legal analysis, economic evidence, and an understanding of market realities.

A lively discussion followed, featuring Penelope Stamou (Deputy Head of Unit - DG COMP, European Commission), Asimakis Komninos (White & Case LLP, visiting professor at the University of Paris II (Panthéon Assas), Eftychia Karkani (Director, Office of the Chief Legal Officer, Hellenic Competition Commission), Chrysovalantou Milliu (Professor, Athens University of Economics and Business & Full Member, HCC) and Emmanouil Mastromanolis (Associate Professor, Law School of the National and Kapodistrian University of Athens, Attorney), under the coordination of the Vice-Chair of the Hellenic Competition Commission, Chara Nikolopoulou, analyzed the framework currently being developed for the European Commission’s new Guidelines on abusive exclusionary conduct and the significant case law developments of recent years.

Among other topics, the discussion covered the concept of “competition on the merits, the role of the “as-efficient competitor test,” practices such as access restrictions and discount policies, as well as the challenges posed by digital markets and new business models, reaffirming the importance of continuously adapting competition law to contemporary market conditions.

The workshop brought together representatives of the academic community, distinguished legal scholars and judicial officials, as well as professionals specializing in competition law and policy, who contributed to a substantive and high-level academic dialogue.

The event was part of the Competition Commission’s ongoing initiatives to enhance transparency, promote public dialogue, and provide ongoing updates on critical issues of competition law and policy, with the aim of disseminating knowledge and enhancing understanding of developments in the field of competition.

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