In an article for Concurrences, RBB's Enrique Cañizares
Enrique CañizaresPartner and Esmeralda Jesoirens
Esmeralda JesoirensSenior Associate discuss the importance of market definition and the hypothetical monopolist test in competition assessments and review the practice of the Spanish National Competition Authority in this regard.
In the article they conclude that the practice of the authorities is in general disconnected from the hypothetical monopolist test principles and overly reliant on precedents. In this context, the revamping of the EC Market Definition Notice is an opportunity to improve competition assessments in the EU.
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