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| 18. | Sixth, the markets defined are often the same across cases and assessments when the same economic activity in terms of products and geography is concerned (31). Nevertheless, as market definition seeks to identify the effective and immediate competitive constraints that are relevant for the competitive assessment of a specific conduct or concentration, the outcome of market definition can differ depending on: (a) the undertaking(s) involved. As the activities of the undertaking(s) involved determine the starting point for the substitution analysis, markets may be defined differently depending on the undertaking(s) involved. This can arise, for example, when the competitive constraints that the undertakings impose on each other are asymmetric, that is to say a certain undertaking may constrain another undertaking, while the same does not apply vice versa (32). In that case, taking the products of different undertakings as a starting point for the substitution analysis – for example because the parties to the concentration are different or because a different undertaking’s behaviour is under investigation – may lead to different results in terms of market definition. (b) the time period considered. The Commission takes into account the competitive conditions prevailing at the time of the conduct or concentration that is being assessed (which may include sufficiently foreseeable developments when the case calls for a forward-looking assessment, as set out in paragraph 21). Accordingly, market definition results may vary over time if competition dynamics change. This may be the case, for example, when competitive conditions in distinct geographic areas converge over time and become sufficiently homogeneous, so that areas that were initially part of distinct geographic markets are later included in the same geographic market (33), or when predicted market developments materialise that were previously considered remote or uncertain. (c) the competitive concerns under consideration. The relevant effective and immediate competitive constraints in a specific case may depend on the competitive concerns under consideration. For example, those constraints may depend on whether the concern being explored is that the merger would lead to increases in prices of existing products, or that the same merger would reduce investments in product development (34). Furthermore, the usual approach to market definition might need to be adapted where existing market power is liable to distort the analysis (for instance in relation to a theory of harm under Article 102 TFEU) (35) .

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07 · Text as adopted (Official Journal); later amendments are not incorporated in this text.