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§3.2.1.1 Product characteristics, prices, intended use and general customer preferences

48. Evidence on factors such as product characteristics (also including product quality or level of innovation), prices, functionalities and intended use, which is often readily available, is generally useful to identify the range of possible substitutes that are available to the customers of the undertaking(s) involved. 49. However, an assessment of whether products are similar along observable characteristics, whether their prices and price patterns are comparable (70) or whether the products serve the same intended use (71) may be insufficient to determine whether two products are demand substitutes. Conversely, differences in product characteristics, prices and intended use may not always, in themselves, be sufficient to determine that two products belong to different product markets (72). This is because such considerations may not accurately reflect how customers value the different product attributes and how customers would react to changes in relative supply conditions, such as a price increase. 50. The Commission therefore assesses the underlying reasons why customers would or would not substitute one product for another in order to identify the parameters that are most relevant for the choices of customers. A variety of parameters can drive customers’ choices in addition to the product’s price, such as its level of innovation or its quality in various aspects, as set out in paragraph 15. For example, customers may take into account whether a product is manufactured using more or less sustainable technology (73). Differences between distribution channels, including online and offline channels (74), or the regulatory framework (75) may also be relevant. Furthermore, customer choices may be subject to behavioural biases, such as a tendency to choose the default option provided. Identifying those parameters that are most relevant for customer choice allows the Commission to compare the products along those parameters, which is informative for assessing the degree of substitutability between them.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07