RBB

18 October 2024

EC’s revised market definition notice

In an interview with WIRTSCHAFT und WETTBEWERB (WuW), RBB’s Alia SchweigerAlia SchweigerAlia SchweigerPrincipaldiscusses the EC's revised market definition notice. 

In this interview Alia shares that the notice is largely to be welcomed. It restates the continued value and importance of market definition in all relevant European competition cases, including mergers and Article 102 investigations, and importantly maintains the core principles of demand-side and supply-side substitution. It also explains how the existing market definition framework can be applied to digital markets.  However, she also highlights that when defining geographic markets, the updated notice downplays the role of demand-side substitutability in favour of greater prominence of less (economically) relevant and vaguer principles based on case law. 

This interview was published in the October issue of WuW and can be accessed in German on their website.

Read more about the EC's revised market definition notice in RBB’s Brief 67: No substitute for economics: the Commission’s updated market definition notice

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