Skip to main content

Addressing challenges in Market Definition: Expert Insights on EU Commission's Consultation.

Our colleagues Dr Laura Robles, Benjamin Loertscher and Mariann Leskó contributed to the consultation on the revision of the Market Definition Notice by the European Commission's DG Comp. Compared to the original notice from 1997, the new draft notice provides expanded guidance based on recent case law and considers important developments such as digitalisation and new ways of offering goods and services, and the globalised nature of commercial exchanges. Our colleague’s contribution to the consultation covers three main topics where uncertainties in guidance or case law remain to present challenges for competition professionals:

  • The delineation of separate markets from market segments with different competitive dynamics.
  • The definition of "level of innovation" as a product characteristic.
  • The implementation of the SSNDQ test in zero-price markets.

The draft notice is available at the Commission's consultation website. Our colleague’s contribution can also be accessed along with other non-confidential replies to the consultation since their publication this spring. We look forward to the final publication of the revised notice that is certainly going to be a useful tool to guide competition professionals.

Market definition is a fundamental step in the services CEG offers to clients, especially in advising on competition conduct, abuse of dominance and mergers & acquisitions.