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EU Competition Policy
Professional and other services
Services account for a major share of economic activity in the European Union and have a direct impact on the daily lives of consumers and businesses. They include professional services, retail, real estate, postal activities and a wide range of commercial and digital services.
EU competition policy helps ensure that service markets remain accessible, innovative and responsive to consumer needs. It applies to agreements between service providers, professional rules, mergers, dominant market positions and public support that may distort competition.
The role of competition policy in services
Competition can improve the quality, price and availability of services while encouraging businesses to innovate and respond more effectively to customer demand.
The European Commission may intervene through:
Competition concerns may arise where service providers coordinate prices, divide markets, restrict entry, impose unnecessary professional barriers or use market power to exclude rivals.
Professional services
Professional services include activities provided by lawyers, accountants, architects, engineers, consultants, notaries and other regulated professions.
Although many professions are subject to specific rules intended to protect consumers, professional independence or service quality, providers of professional services may still qualify as undertakings under EU competition law.
Competition issues may concern:
The Commission recognises that some regulation may be justified. However, restrictions should be necessary, proportionate and genuinely connected to consumer protection or another legitimate public-interest objective.
Regulation and competition in the professions
Professional regulation can help address information asymmetries, protect service quality and preserve ethical standards. At the same time, excessive or outdated rules can reduce competition and make services more expensive or less accessible.
The Commission has previously examined competition in professional services through its Report on Competition in Professional Services and its subsequent report on the Scope for More Reform.
For public authorities and professional bodies, the key questions are whether a rule:
Solo self-employed workers and collective agreements
Competition law generally requires independent businesses to determine their commercial conduct autonomously. This can create uncertainty for solo self-employed workers who seek to negotiate collectively over working conditions.
In 2022, the Commission adopted Guidelines on collective agreements for solo self-employed persons. (Competition Policy)
The Guidelines clarify when EU competition law does not prevent solo self-employed people from collectively negotiating aspects of their working conditions, particularly where they face a significant imbalance in bargaining power.
This is especially relevant to:
Retail services
Retail markets connect producers and distributors with final consumers through shops, supermarkets, specialist outlets, franchises, marketplaces and online platforms.
Competition issues may arise in relation to:
Competitive retail markets can increase consumer choice, improve service quality and encourage new business models.
At the same time, concentration among large retailers or platforms may create dependencies for smaller suppliers and independent businesses.
Real estate services
Real estate markets involve agents, developers, property managers, valuation professionals, online portals and providers of related financial and legal services.
Competition concerns may involve:
Digital property platforms have become increasingly important because they may control access to listings, users and market information.
Postal and delivery services
Postal services have progressively opened to competition across the European Union.
Competition policy supports market access for postal, parcel and delivery operators while recognising the need to preserve universal-service obligations.
Relevant issues may include:
The Commission has also assessed the impact of liberalisation on postal markets through its report on postal-sector liberalisation. (Competition Policy)
Online platforms and digital services
Online platforms increasingly mediate the purchase of both goods and services. They may connect consumers with retailers, property providers, professionals, restaurants, transport services and other businesses.
The Digital Services Act and the Digital Markets Act complement competition enforcement by establishing rules for online intermediaries and large digital gatekeepers.
These frameworks aim to create a safer digital environment, protect users’ rights and reduce unfair advantages that may arise from the market power of major platforms. (Competition Policy)
Competition concerns may involve:
Mergers in service markets
The Commission reviews mergers and acquisitions in professional, retail, real estate, postal and other service markets where the applicable thresholds are met.
Its assessment may examine whether a transaction could:
A merger may be approved, prohibited or authorised subject to commitments designed to preserve competition.
Relevant cases can be followed through the EU Competition Case Search.
State aid and public-service obligations
Public authorities may support postal operators, local services, public-interest activities or providers entrusted with services of general economic interest.
EU State aid rules seek to ensure that such support is necessary, proportionate and limited to the cost of the public-service obligation.
Competition concerns may arise where:
The assessment depends on the nature of the service, the public-interest objective and the design of the support measure.
EU competition policy helps ensure that service markets remain accessible, innovative and responsive to consumer needs. It applies to agreements between service providers, professional rules, mergers, dominant market positions and public support that may distort competition.
The role of competition policy in services
Competition can improve the quality, price and availability of services while encouraging businesses to innovate and respond more effectively to customer demand.
The European Commission may intervene through:
- antitrust and cartel enforcement;
- merger control;
- State aid supervision;
- scrutiny of professional regulations;
- action against abuses of dominant positions;
- enforcement affecting online platforms and digital intermediaries.
Competition concerns may arise where service providers coordinate prices, divide markets, restrict entry, impose unnecessary professional barriers or use market power to exclude rivals.
Professional services
Professional services include activities provided by lawyers, accountants, architects, engineers, consultants, notaries and other regulated professions.
Although many professions are subject to specific rules intended to protect consumers, professional independence or service quality, providers of professional services may still qualify as undertakings under EU competition law.
Competition issues may concern:
- fixed or recommended prices;
- restrictions on advertising;
- limits on business structures or ownership;
- exclusive professional rights;
- territorial restrictions;
- barriers to entry;
- limits on multidisciplinary practices;
- rules governing professional associations.
The Commission recognises that some regulation may be justified. However, restrictions should be necessary, proportionate and genuinely connected to consumer protection or another legitimate public-interest objective.
Regulation and competition in the professions
Professional regulation can help address information asymmetries, protect service quality and preserve ethical standards. At the same time, excessive or outdated rules can reduce competition and make services more expensive or less accessible.
The Commission has previously examined competition in professional services through its Report on Competition in Professional Services and its subsequent report on the Scope for More Reform.
For public authorities and professional bodies, the key questions are whether a rule:
- pursues a legitimate objective;
- is suitable for achieving that objective;
- goes no further than necessary;
- prevents market entry or innovation;
- restricts consumer choice;
- protects existing operators without sufficient justification.
Solo self-employed workers and collective agreements
Competition law generally requires independent businesses to determine their commercial conduct autonomously. This can create uncertainty for solo self-employed workers who seek to negotiate collectively over working conditions.
In 2022, the Commission adopted Guidelines on collective agreements for solo self-employed persons. (Competition Policy)
The Guidelines clarify when EU competition law does not prevent solo self-employed people from collectively negotiating aspects of their working conditions, particularly where they face a significant imbalance in bargaining power.
This is especially relevant to:
- digital-platform workers;
- freelance professionals;
- creative workers;
- independent contractors;
- self-employed service providers who do not employ others.
Retail services
Retail markets connect producers and distributors with final consumers through shops, supermarkets, specialist outlets, franchises, marketplaces and online platforms.
Competition issues may arise in relation to:
- resale-price restrictions;
- exclusive distribution agreements;
- territorial limitations;
- supplier-retailer negotiations;
- access to shopping centres or commercial locations;
- mergers between retail chains;
- online marketplace conditions;
- use of customer and transaction data.
Competitive retail markets can increase consumer choice, improve service quality and encourage new business models.
At the same time, concentration among large retailers or platforms may create dependencies for smaller suppliers and independent businesses.
Real estate services
Real estate markets involve agents, developers, property managers, valuation professionals, online portals and providers of related financial and legal services.
Competition concerns may involve:
- commission-setting between estate agents;
- access to property-listing databases;
- exclusive brokerage arrangements;
- restrictions imposed by professional bodies;
- mergers involving major property platforms;
- discriminatory access to commercial or residential property data;
- coordination in construction or property-management services.
Digital property platforms have become increasingly important because they may control access to listings, users and market information.
Postal and delivery services
Postal services have progressively opened to competition across the European Union.
Competition policy supports market access for postal, parcel and delivery operators while recognising the need to preserve universal-service obligations.
Relevant issues may include:
- access to postal infrastructure;
- cross-subsidisation between reserved and competitive activities;
- discriminatory pricing;
- State compensation for universal services;
- mergers between delivery companies;
- exclusionary conduct by established operators;
- competition between postal operators and digital-logistics platforms.
The Commission has also assessed the impact of liberalisation on postal markets through its report on postal-sector liberalisation. (Competition Policy)
Online platforms and digital services
Online platforms increasingly mediate the purchase of both goods and services. They may connect consumers with retailers, property providers, professionals, restaurants, transport services and other businesses.
The Digital Services Act and the Digital Markets Act complement competition enforcement by establishing rules for online intermediaries and large digital gatekeepers.
These frameworks aim to create a safer digital environment, protect users’ rights and reduce unfair advantages that may arise from the market power of major platforms. (Competition Policy)
Competition concerns may involve:
- self-preferencing;
- restrictions on business users;
- discriminatory ranking;
- access to customer data;
- platform fees and contractual terms;
- exclusivity obligations;
- restrictions on alternative sales channels;
- acquisitions of emerging competitors.
Mergers in service markets
The Commission reviews mergers and acquisitions in professional, retail, real estate, postal and other service markets where the applicable thresholds are met.
Its assessment may examine whether a transaction could:
- reduce the number of effective competitors;
- increase prices or commissions;
- limit consumer choice;
- restrict access to infrastructure or data;
- strengthen network effects;
- eliminate an innovative or emerging competitor;
- create dependencies for smaller businesses.
A merger may be approved, prohibited or authorised subject to commitments designed to preserve competition.
Relevant cases can be followed through the EU Competition Case Search.
State aid and public-service obligations
Public authorities may support postal operators, local services, public-interest activities or providers entrusted with services of general economic interest.
EU State aid rules seek to ensure that such support is necessary, proportionate and limited to the cost of the public-service obligation.
Competition concerns may arise where:
- public compensation exceeds the cost of the service;
- subsidised activities compete directly with private operators;
- public resources are used to cross-subsidise commercial services;
- selected providers receive advantages unavailable to competitors;
- tendering or procurement conditions restrict market access.
The assessment depends on the nature of the service, the public-interest objective and the design of the support measure.
Professional and Other Services Competition Cases
Professionals, retailers, property operators, service providers, business-support companies and public authorities can consult the Commission’s Professional and Other Services Cases and Judgments page to follow antitrust investigations, cartel decisions, merger reviews and State aid cases affecting professional, retail, real estate, accommodation, administrative and other service markets.
Why this matters for businesses and professionals
Competition-policy developments in service markets can directly affect professional regulation, commercial agreements, platform access, mergers and public funding.
Businesses, professional bodies and public authorities should monitor:
For professionals, retailers, property operators, postal companies, platform businesses and public authorities, understanding EU competition policy is essential for managing regulatory risk and identifying new market opportunities.
Follow EU competition cases, merger reviews, State aid decisions and regulatory developments shaping professional and other services across the Single Market.
Competition-policy developments in service markets can directly affect professional regulation, commercial agreements, platform access, mergers and public funding.
Businesses, professional bodies and public authorities should monitor:
- antitrust cases involving service providers;
- changes to professional rules;
- collective bargaining arrangements for solo self-employed workers;
- mergers in retail, real estate and delivery services;
- digital-platform obligations;
- State aid for postal and public-interest services;
- access to data and online marketplaces;
- restrictions on advertising, pricing and business structures;
- public consultations and legislative reforms;
- decisions and judgments affecting market access.
For professionals, retailers, property operators, postal companies, platform businesses and public authorities, understanding EU competition policy is essential for managing regulatory risk and identifying new market opportunities.
Follow EU competition cases, merger reviews, State aid decisions and regulatory developments shaping professional and other services across the Single Market.
