The European Commission published the revised notice on market definition – Economic analysis

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The European Commission has published proposals to modify the Communication on market definition in view of the significant developments of recent years, in particular in response to the spread of digitalisation. The main objective of the draft revised notice on market definition is to minimize potential competition problems by providing companies with more guidance, transparency and legal certainty.

The most notable change introduced by the project is that it puts greater emphasis on non-price factors of market definition, such as innovation and the quality of products and services. In order to achieve this objective, the project introduces new guidelines and principles for the market definition of digital markets and innovation-intensive markets by explaining how the market should be assessed when companies compete in terms of innovation. The European Commission believes that by relying more on qualitative techniques rather than quantitative techniques when collecting and evaluating evidence, it is possible to properly assess these markets. In addition, the prerequisites for defining global markets have been changed as the European Commission believes that geographic markets are larger or likely to become larger in the near future and that precise regulation can reduce barriers to global trade while maintaining a competitive environment.

This is the first time the Market Definition Communication has been revised since it was first adopted in 1997 and overall the draft Communication shows that the European Commission is ready to adapt its rules to global and digital markets, because any competition problems that have arisen in these markets are also detrimental to technological and innovative developments.

(European Commission – 08.11.2022)

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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