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| 30. | When undertakings compete on parameters other than price, such as quality or the level of innovation, the application of the SSNIP test is difficult, in particular in the context of zero monetary price products (54) and highly innovative industries. Further difficulties arise depending on the theory of harm applied in the investigation. When the assessment focuses on the change in market power of the undertaking(s) involved, such as for the analysis of whether a horizontal merger would lead to non-coordinated effects, the SSNIP test can generally be applied at the prevailing market price. However, this may not be the case where the focus is on the assessment of the existing market power of the undertaking(s) involved, such as when defining markets for the purpose of assessing the existence of dominance under Article 102 TFEU (55). Moreover, practical constraints can make it difficult to apply the SSNIP test empirically when defining the relevant product market in real-life cases. For example, it may not be possible to gather reliable information on the amount of losses a hypothetical monopolist would incur when implementing a SSNIP.

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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.