Competition: Commission publishes findings of evaluation of Market Definition Notice

(Credit: Unsplash)

This article is brought to you in association with the European Commission.


The European Commission has published today a Staff Working Document that summarises the findings of the evaluation of the Market Definition Notice used in EU competition law.

The aim of the evaluation was to contribute to the Commission’s assessment of the functioning of the Market Definition Notice, in order to decide whether to repeal the Notice, leave it unchanged or revise it.

Executive Vice-President Margrethe Vestager, in charge of competition policy, said: “We need to analyse the market and the boundaries of the market where companies compete. The Market Definition Notice is very useful in that context. The evaluation has confirmed that it provides clarity and transparency to stakeholders on how we approach market definition. The basic principles of the Market Definition Notice, based on the case law of the EU courts, remain sound today. At the same time the evaluation indicates that the Notice does not fully cover recent evolutions in market definition practice, including those related to the digitalisation of the economy. We will now analyse if and how the Notice should be revised to address the issues we have identified.”

The Commission launched the evaluation of the Market Definition Notice in March 2020. During the evaluation, the Commission collected evidence to understand how the Notice has performed since its adoption in 1997. The evidence collected includes, among others, contributions by stakeholders gathered in a public consultation that took place between June and October 2020. In addition, the Commission consulted the EU national competition authorities and proactively engaged with experts and representatives from stakeholder groups. Finally, the Commission requested an external evaluation support study, which reviewed relevant practices in other jurisdictions, as well as legal and economic literature, in relation to four specific aspects of market definition: (i) digitalisation, (ii) innovation, (iii) geographic market definition and (iv) quantitative techniques.

The findings of the evaluation

The evaluation has shown that the Market Definition Notice remains highly relevant as it provides clarity and transparency to companies and other stakeholders on the Commission’s approach to market definition – an important first step of the Commission’s assessment in many antitrust and merger cases.

The results of the evaluation indicate that the Market Definition Notice is effective in providing correct, comprehensive and clear guidance on key issues of market definition and on the Commission’s approach to it.

At the same time, the evaluation also suggests that the Notice does not fully reflect developments in best practices in market definition that have taken place since 1997, including latest developments in EU case law. For example, the Commission has refined its approach to market definition in line with the prevailing market conditions, which today are increasingly digital and interconnected, and the sophistication of available tools, such as improved processing of large numbers of documents or refined quantitative techniques. Furthermore, since when the Notice was adopted, the Commission has also gathered more experience in analysing markets that are potentially global or at least broader than the European Economic Area.

 According to the evaluation, areas where the Market Definition Notice might not be fully up-to-date include: (i) the use and purpose of the SSNIP (small significant non-transitory increase in price) test in defining relevant markets; (ii) digital markets, in particular with respect to products or services marketed at zero monetary price and to digital ‘ecosystems’; (iii) the assessment of geographic markets in conditions of globalisation and import competition; (iv) quantitative techniques; (v) the calculation of market shares; and (vi) non-price competition (including innovation).

The Commission will reflect on the need and on how to address the issues that were identified in the context of the evaluation.

Background

Market definition is a tool to identify the boundaries of competition between undertakings. The objective of defining the relevant product and geographic market is to identify the actual competitors that constrain the commercial decisions of the undertakings concerned, such as their pricing decisions. It is from this perspective that the market definition makes it possible, among other things, to calculate market shares that convey meaningful information for the purposes of assessing market power in the context of merger or antitrust proceedings.

Market definitions reflect market realities. Therefore, they differ across sectors and may evolve over time. Geographic market definitions, for example, may range from national or local markets – such as for the retail sale of consumer goods – to global markets, such as for the sale of aviation components. As market realities evolve over time, the Commission’s market definitions also evolve over time.

The Market Definition Notice provides guidance on the principles and best practices of how the Commission applies the concept of relevant product and geographic market in its enforcement of EU competition law.

For More Information

See the dedicated webpage of DG Competition, which contains all stakeholder contributions submitted in the context of the evaluation, summaries of the different consultation activities and the final report of the evaluation support study.


Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe to get the latest posts sent to your email.

Interesting reads

This article is published in association with United Nations.

Guterres warns of ‘wider war’ as Middle East conflict enters second month

The Middle East crisis has lurched into its second month, prompting UN Secretary-General António Guterres to issue a stark warning on Thursday morning that the world is “on the edge of a wider war” with catastrophic global implications. Speaking to the press outside the Security Council in New York, the UN chief painted a grim picture of the rapidly […]
This article is published in association with United Nations.

Middle East war: Energy crunch hits vulnerable nations

The war in the Middle East and the near halt to shipping in the Strait of Hormuz has amplified the energy crunch facing developing nations in Africa and South Asia that rely heavily on imported liquid gas, food and fertilizers.  And with Brent Crude still trading at more than $100 per barrel, many workers and households have reverted to […]
© WHO UN officials in Cyprus oversee the loading of emergency humanitarian supplies for Gaza.

Breaking the Gaza aid bottleneck: 106-tonne delivery arrives via new sea route

This article is published in association with United Nations. The World Health Organization (WHO) has facilitated the delivery of some 106 metric tonnes of lifesaving nutrition supplies to the Gaza Strip – the first shipment via a mechanism to deliver aid by sea, in line with a UN Security Council resolution and amid the ongoing war […]
© IMO Crew members take a break on a ship. (file)

‘No precedent’ for seafarers caught in war zone in post-WW2 era

This article is published in association with United Nations. Some 20,000 seafarers remain stranded on ships in the Strait of Hormuz as the war in the Middle East continues, a situation which has been described as unprecedented in the post-Second World War era. The seafarers are working on some 2,000 ships including oil and gas tankers, […]
© UNIFIL UNIFIL peacekeepers on patrol along the Blue Line in southern Lebanon.

UN condemns killing of two more peacekeepers in Lebanon

This article is published in association with United Nations. The United Nations has condemned two consecutive days of deadly attacks on peacekeepers serving with the UN Interim Force in Lebanon (UNIFIL), amid rising hostilities between Israeli forces and Hezbollah militants.  Two Indonesian peacekeepers were killed on Monday, and two more were injured, in an explosion that hit a UNIFIL logistics convoy, destroying […]
© WFP/Arete/Ali Yunes A building in Beirut lies in ruins after airstrikes in Lebanon.

Middle East war: Attacks on vital healthcare, evacuation strike fears

This article is published in association with United Nations. Almost one month since Israeli and US airstrikes on Iran began, sparking a wider regional war, UN agencies and partners on Friday highlighted the terror among civilians fleeing bombardment, with “no safe space” to go. In a rare piece of good news, though, the UN World Health […]
UN News/Daniel Dickinson The closure of the Hormuz strait is impacting trade on a global scale.

Persian Gulf crisis impacting food security, FAO warns

This article is published in association with United Nations. The intensifying conflict in the Persian Gulf “has triggered one of the most rapid and severe disruptions to global commodity flows in recent times,” the Chief Economist with the UN Food and Agriculture Organization (FAO) said on Thursday.  The crisis is affecting agricultural production and food security worldwide, with impacts […]

Gulf war ‘out of control’, Guterres warns, as UN appoints envoy to push for peace

This article is published in association with United Nations. UN Secretary-General António Guterres has warned that the escalating Gulf war is “out of control”, urging all sides to step back from the brink and allow diplomacy to prevail, as he announced the appointment of a senior envoy to spearhead peace efforts. Speaking outside the UN Security Council in New York […]
This article is published in association with United Nations.

Gaza: Commitment to US-backed plan crucial to recovery, Security Council hears

This article is published in association with United Nations. As tensions escalate in the Middle East, the international community must not lose sight of the situation in Gaza, an official with US President Donald Trump’s Board of Peace across the shattered enclave said on Tuesday in his first appearance in the UN Security Council.  High Representative […]
© IMF/Stephen Jaffe The UN is warning of surging food and fuel prices driven by the escalation of the conflict in the Middle East.

Dire fertiliser shortage a lurking threat due to Hormuz crisis

This article is published in association with United Nations. Since the start of the Middle East conflict with Israeli and US strikes on Iran on 28 February, concerns have been growing over rising oil and commodity prices. At the centre of it lies the Strait of Hormuz – one of the world’s most critical maritime chokepoints […]
© WFP/Arete/Ali Yunes A building in Beirut lies in ruins after airstrikes in Lebanon.

War in the Middle East: Iran nuclear facility hit as equivalent of ‘one classroom of children’ killed, wounded daily in Lebanon

This article is published in association with United Nations. More than 1,000 people have been killed and 2,584 injured in Lebanon since the start of the US-Israel war on Iran, UN officials said Saturday. Key points “Recent escalation has killed or wounded the equivalent of one classroom of children every day,” said Ted Chaiban, deputy chief […]
This article is published in association with United Nations.

Middle East war shockwaves ripple through Asia-Pacific fuel and supply chains

This article is published in association with United Nations. The fallout from the war in the Middle East is rippling far beyond the Gulf, disrupting fuel supplies, shipping routes and supply chains across Asia and the Pacific, with some of the region’s most vulnerable economies already feeling the strain through rising prices, rationing and threats to […]
© WFP/Jaber Badwan A woman carries food rations distributed by the World Food Programme in Almaghazi, Gaza.

Humanitarian needs in Gaza deepen as aid access remains constrained

This article is published in association with United Nations. Humanitarian needs are continuing to grow again across Gaza, the UN agency assisting Palestine refugees (UNRWA) said on Wednesday, amid mounting pressures on aid delivery and the ongoing conflict in the Middle East.  “Families face ongoing hardship” as access to essential aid remains limited and many continue […]
© WFP/Khadija Dia Food is distributed to displaced families sheltering in a school in Tariq Jdide, Beirut.

Middle East war risks pushing 45 million more people into acute hunger

This article is published in association with United Nations. The Middle East war could cause the worst disruption to lifesaving humanitarian work since COVID, the UN World Food Programme (WFP) warned on Tuesday, as the UN chief again demanded an end to the widening conflict. “The Secretary-General asserts once more that the war in the Middle […]
© World Vision Smoke rises in Beit Mery, close to the Lebanese capital, Beirut, following an airstrike.

Middle East war’s ‘spiral of conflict’ drives mounting civilian toll

This article is published in association with United Nations. The widening war in the Middle East and its growing impact on civilians came under scrutiny at the UN in Geneva on Monday, as independent experts briefing the Human Rights Council warned of escalating violence following the onset of Israeli and US strikes on Iran and counterstrikes […]
© Mousawat A mother and child displaced by the conflict in Lebanon receiving care at a clinic.

Middle East war: Women in Lebanon forced to give birth on roadside

This article is published in association with United Nations. As the UN Secretary-General touched down in Beirut on Friday in solidarity with the people of Lebanon, UN agencies highlighted the dangers for civilians and particularly pregnant women and migrant workers, amid ongoing airstrikes and rocket fire between Hezbollah fighters and Israel.  “There’s 11,600 pregnant women who […]
© WFP/Arete/Ali Yunes Some residents of Beirut who have been displaced by the conflict are now living on the streets of the Lebanese capital.

‘Perfect storm’: Lebanon crisis deepens as civilians bear the brunt

This article is published in association with United Nations. Lebanon is facing a “perfect storm of unpredictable challenges” as conflict, mass displacement and dwindling humanitarian resources converge, the UN’s Resident and Humanitarian Coordinator in Lebanon, Imran Riza, has warned. The current escalation began on 2 March, when outgoing fire by Hezbollah drew a strong retaliation from […]
© WFP/Maxime Le Lijour People living in Gaza have received humanitarian aid from the UN throughout the conflict with Israel.

UN relief chief condemns ‘$1 billion-a-day’ cost of war in Middle East

This article is published in association with United Nations. The UN’s emergency relief chief on Wednesday condemned the “$1 billion-a-day” cost of the war in the Middle East, at a time when humanitarian needs are soaring and aid funding is falling dangerously short. “We’re seeing the consequences spread faster than we can respond”, warned the UN emergency […]
© UNICEF/Azizullah Karimi Afghan returnees from Iran gather at the Islam-Border, near Herat in western Afghanistan (file).

‘Toxic rain’ warning from oil depot strikes amid ongoing Middle East war

This article is published in association with United Nations. Toxic “black rain” linked to strikes on oil depots, mass displacement and continuing disruption to aid supply chains are upending lives across the Middle East and beyond after 10 days of war in the region, UN humanitarians said on Tuesday.  Speaking to reporters in Geneva, UN Human […]

Comments

  1. We need to analyze the market and the boundaries of the market where companies compete. The evaluation has confirmed that it provides clarity and transparency to stakeholders on how we approach market definition. This blog is interesting and helpful page. Thanks for this.

Why don't you drop your comment here?

Go back up

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

The European Sting – Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology – europeansting.com