EU Competition Law: Trends, Enforcement & Legal Risks

In an increasingly digital and interconnected global economy, the European Union has established itself as a leading force in the enforcement of competition law, shaping not only the conduct of businesses within its borders but also influencing international legal and regulatory norms. The EU’s commitment to fostering open, fair, and undistorted competition is reflected in its robust legal architecture and proactive enforcement strategies, which serve as a benchmark for jurisdictions worldwide.

The emergence of powerful digital platforms, algorithm-driven pricing models, and data-centric business strategieshas introduced new complexities and risks to the competitive landscape. As market structures evolve, so too does the EU’s approach to maintaining market fairness and safeguarding consumer interests. Regulatory authorities, including the European Commission’s Directorate-General for Competition, have increasingly focused on the intersection of technology, data, and market power, adapting traditional competition rules to address novel forms of dominance and anti-competitive behavior in the digital era.

The legal framework encompasses a broad spectrum of conduct, from abuse of dominant position under Article 102 TFEU to horizontal and vertical agreements prohibited by Article 101 TFEU. Enforcement actions are no longer confined to traditional sectors; digital gatekeepers, e-commerce platforms, online marketplaces, and app ecosystemsare frequently under scrutiny for practices such as self-preferencing, restrictive data sharing, and algorithmic collusion.

Moreover, the Digital Markets Act (DMA) and Digital Services Act (DSA)—recently adopted by the EU—further strengthen regulatory oversight, particularly targeting “core platform services” with systemic market impact. These new instruments complement existing competition laws by imposing ex ante obligations on digital firms to prevent the entrenchment of dominant positions and foster a more contestable market environment.

For businesses operating in or engaging with the EU market, compliance is no longer optional—it is a strategic necessity. Whether managing mergers and acquisitions, designing pricing strategies, entering into distribution agreements, or leveraging user data, companies must remain vigilant and proactive to avoid costly enforcement actions, reputational harm, and operational disruptions.

At Tsamichas Law Firm, we offer strategic counsel and legal representation to companies facing the complex realities of antitrust, anti-monopoly, and anti-competitive conduct across the European market.

Core Legal Framework: Articles 101 and 102 TFEU

The cornerstone of EU competition law lies in Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). These provisions prohibit:

• Article 101: Anti-competitive agreements between companies (e.g. cartels, price-fixing, market sharing).

• Article 102: Abuse of a dominant position (e.g. exclusionary practices, unfair pricing, or tying/bundling strategies).

Infringements of either article may result in substantial administrative fines—up to 10% of the offending company’s global annual turnover—as well as binding structural or behavioral remedies imposed by the European Commission or national competition authorities. In addition to financial sanctions, undertakings risk prolonged litigation, damaged investor confidence, and irreparable harm to reputation, particularly in high-visibility sectors such as digital markets, pharmaceuticals, energy, and telecommunications.

Recent High-Profile Enforcement Cases

The European Commission has shown increased vigilance over dominant players, particularly in the tech and digital sectors. Landmark cases include:

• Google (€2.42 billion fine, 2017) for abusing search engine dominance by favoring its own shopping service. The CJEU upheld the penalty in 2024 after prolonged litigation.

• Apple (€1.84 billion fine, 2024) for unfair restrictions imposed via the App Store, limiting competition in music streaming services.

• Amazon remains under investigation for misuse of third-party seller data to benefit its own retail operations.

• Meta (Facebook) received a Statement of Objections for potentially tying its Marketplace service to its dominant social network platform.

These cases illustrate the EU’s increasing scrutiny of platform gatekeepers and their market behavior.

The Digital Markets Act (DMA): A Regulatory Game Changer

Effective since May 2023, the Digital Markets Act (DMA) introduces ex-ante obligations for designated “gatekeepers” like Alphabet, Apple, Amazon, Meta, Microsoft, and ByteDance. Rather than waiting for anti-competitive harm to occur, the DMA imposes preventive rules, including:

• Prohibitions on self-preferencing

• Requirements for data sharing with business users

• Obligations to allow interoperability and third-party access

Non-compliance may lead to fines of up to 10% of global annual turnover and even structural remedies in extreme cases.

Sustainability and AI in Competition Law

EU competition law is adapting to broader policy objectives:

• Sustainability Agreements: Revised 2023 guidelines now allow firms to collaborate on environmental initiatives (e.g., emissions reduction) if they generate consumer benefits without stifling competition.

• Artificial Intelligence: The Commission has flagged algorithmic collusion as a growing risk, where AI systems autonomously coordinate pricing or restrict output—posing novel legal questions under Article 101.

Challenges in Enforcement and Compliance

While the EU’s framework is robust, practical challenges remain:

• Enforcement Delays: Major cases can span over a decade, reducing the deterrent effect.

• Limited Structural Remedies: Fines often pale in comparison to tech giants’ revenues, prompting debate on the need for stronger corrective measures.

• Regulatory Complexity: The interaction between DMA, DSA, and traditional competition law requires multi-jurisdictional expertise to navigate effectively.

What It Means for Your Business

For companies operating in or entering the EU market, competition compliance is not optional—it’s strategic. Authorities can launch investigations based on internal audits, third-party complaints, or market monitoring. Violations may result in:

• Financial penalties

• Civil damages claims

• Director liability in some jurisdictions

• Long-term reputational harm

At Δικηγορικό γραφείο, we support clients in:

• Internal compliance assessments

• Legal risk audits under DMA/DSA frameworks

• Defense strategies in antitrust investigations

• Strategic counsel on mergers, joint ventures, and sustainability collaborations

• Training and policy implementation for in-house legal teams