|European Commission: DG Competition
|SWD (2021) 199
|Blog & Commentary, Report
Staff Working Document (SWD) published by the European Commission on 12 July 2021, summarising the findings of an assessment of the Market Definition Notice used in EU competition law.
Market definition is a well-established concept in competition law and is used widely by competition authorities internationally. It is also used by the European Commission in its enforcement of those rules to identify the boundaries of competition between companies.
In 1997, the Commission published its Notice on the relevant market for the purposes of Community competition law. The Notice remained unchanged since then. Its purpose was to increase the transparency of Commission policy and decision-making in the area of competition law by rendering public the procedures the Commission follows when considering market definition and by indicating the criteria and evidence on which it relies to reach a decision on market definition.
The aim of this evaluation is 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. The assessment was launched in March 2020
The evaluation shows that the Notice remains highly relevant as it provides clarity and transparency to companies and other stakeholders on the Commission's approach to market definition. However, it 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. Furthermore, since the adoption of the Notice, the Commission has also gathered more experience in analysing markets that are potentially global or at least broader than the European Economic Area (EEA).
|Competition Law | Policy
|European Union [EU]