Jurisdiction(s):
United Kingdom

Tying and bundling under Article 102 TFEU: dominance, foreclosure and efficiencies in digital markets—Commission approach and case law (Microsoft, Google, Meta, Teams)

Published by a LexisNexis Competition expert

Practice notes

Tying and bundling

Within EU competition law, tying and bundling are chiefly examined as forms of abusive dominance. Article 102(d) TFEU expressly refers to tying, describing it as requiring counterparties to accept supplementary obligations that, by their nature or according to commercial usage, are unconnected with the subject of the contract. Numerous EU investigations have flagged tying and bundling by firms holding market power (i.e., dominance). These include prominent matters in traditional goods and services, and in newer technology markets, exemplified by cases concerning Microsoft’s integration of its media player and browser with its operating system. In recent years, the free provision of digitised, internet-based products and services has increasingly been cast as anti-competitive tying or bundling, particularly in complaints aimed at Google and Meta. This trend has prompted questions over whether the established approach of competition authorities to tying and bundling is well-suited to tackling potential foreclosure concerns in emerging markets...

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Suzanne Rab

Serle Court

Suzanne Rab is a barrister specialising in UK and EU competition law and regulation. She has over 15 years of experience advising businesses, regulators and competition authorities on EU, UK and international competition law across the range of competition law, merger control and regulatory matters. She has particular experience advising on transactions and commercial agreements and practices, including in proceedings before the UK competition and regulatory authorities and the European Commission. She has worked on some of the most high profile merger, market and cartel investigations in Europe and the UK. Suzanne has advised on major cartel investigations, appeals and follow-on actions, including advising on the European Commission’s investigation under Article 101 TFEU in relation to air freight and appeal to the General Court and in relation to antitrust investigations into cartel activity in marine hoses.Suzanne has particular experience advising on the...

Web page updated on 22/05/2026

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