Antitrust Rules Get a Rethink as EU Plots a Modern Makeover

Key Takeaways

• Modernization in Motion: The Commission has launched a public consultation to update the EU’s antitrust enforcement rules.
• Digital Economy Front and Center: The reforms aim to bring enforcement tools in line with the realities of today’s markets.
• From Paper to Policy: Stakeholder input will directly inform the Commission’s legislative proposal, expected by September 2026.
• Open for Feedback: Consultation runs through 2 October 2025, with a public workshop planned later this year.

Deep Dive

After more than two decades of steady service, the EU’s core antitrust enforcement framework is due for a refresh, and this time, the European Commission isn’t going it alone. It wants feedback from businesses, legal experts, competition authorities, and anyone else who has a stake in how the EU tackles anti-competitive behavior in an increasingly digital economy.

The Commission has officially launched a 12-week public consultation and Call for Evidence on proposed revisions to two foundational regulations (Regulation 1/2003 and Regulation 773/2004). These are the backbone of how the EU enforces competition rules under Articles 101 and 102 of the Treaty on the Functioning of the European Union, the rules that prohibit cartels and abuse of market dominance.

The goal is to bring the system up to speed with today’s economic realities without losing the legal infrastructure that has kept the single market fair and competitive for more than twenty years.

“It’s time to adapt our antitrust toolkit to keep up with today’s challenges,” said Executive Vice-President Teresa Ribera. “This revision will help ensure we’re equipped with the best tools possible for modern and effective antitrust enforcement, so competition rules can continue delivering for businesses and citizens alike.”

The Commission's push for reform stems from a deep-dive evaluation it wrapped up last September. The findings, detailed in a Staff Working Document, were largely positive. The regulations are still doing their job, ensuring effective, efficient, and uniform application of EU competition law. But some parts of the system are showing their age.

Investigations take too long. Procedures are cumbersome for both the Commission and the companies involved. And as the digital economy evolves, so too must the enforcement tools.

Even the cooperation model with national competition authorities, widely considered a success, is ripe for streamlining. The time is right for a legislative upgrade.

What’s on the table?

The Commission isn’t just tinkering around the edges. The consultation is a chance to rethink how enforcement actually works on the ground, focusing on:

• Sharpening investigative tools, including inspections, data requests, and interviews.
• Revisiting interim measures and commitments, which can feel outdated in fast-moving markets.
• Simplifying access to the Commission’s file, which has become burdensome for all parties.
• Clarifying the role of complainants and third parties, ensuring meaningful participation.
• Enhancing coordination with national enforcers and courts, to reduce duplication and delay.

Stakeholders are also being asked to weigh in on the potential trade-offs, what these reforms might cost, and what benefits they could bring.

The consultation is open until 2 October 2025. Responses will be published on the Commission’s Have Your Say platform, and a high-level workshop later this year will take a closer look at key themes emerging from the feedback.

This isn’t just a box-ticking exercise. The Commission plans to use the input to craft a full legislative proposal and an impact assessment report, both slated for release by September 2026.

For those in the legal, compliance, and competition policy worlds, now is the moment to help shape how the next chapter of EU antitrust enforcement will be written.

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