Support study accompanying the Commission Notice on the evaluation of the definition of relevant market for the purposes of Community competition law – June 2021

Practice Area: Competition & Antitrust
Client: EC DG Competition
Published: June, 2021
Tagged: competition

The purpose of this study was to assist the Commission in the evaluation of the functioning of the Market Definition Notice in order to assess whether developments since 1997 merit an update of the Notice. In order to support DG COMP’s evaluation of the effectiveness, efficiency and relevance of the Market Definition Notice, the study produced a targeted comparative review of international practices in market definition, a review of the latest economic thinking on market definition principles and practice as well as a review of other academic research on the topic.

The evaluation analysed new technical and market developments that may have had an influence on the competitive constraints faced by undertakings and that may already be reflected in the case practice of competition authorities in the EU and elsewhere as well as in academic research. The study provides DG COMP with an overview of principles and best practices from the literature, national competition authorities’ guidelines and case law for the definition of relevant markets in competition cases, under four main topics: digitalisation, innovation, geographic market definition, and quantitative techniques for market definition.

The report can be downloaded here.