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COMMUNICATION FROM THE COMMISSION Commission Notice on the definition of the relevant market for the purposes of Union competition law

guidance · European Union · 52024XC01645

38 provisions

Defined terms · All instruments

1 INTRODUCTION
1.1 Purpose of this Notice
1.2 Role of market definition
1.3 General principles of market definition
2 GENERAL METHODOLOGY
2.1 General methodology for defining product markets
2.1.1 Demand substitution
2.1.2 Supply substitution
2.2 General methodology for defining geographic markets
3 PROCESS OF DEFINING MARKETS
3.1 General approach to market definition in practice
3.2 Evidence used to define product markets
3.2.1 Evidence relevant for demand substitution
3.2.1.1 Product characteristics, prices, intended use and general customer preferences
3.2.1.2 Evidence of past substitution
3.2.1.3 Evidence of hypothetical substitution
3.2.1.4 Evidence of competitive constraints based on industry views
3.2.1.5 Barriers and costs associated with switching demand to potential substitutes
3.2.1.6 Implementations of the SSNIP test
3.2.2 Evidence relevant for supply substitution
3.2.2.1 Evidence of past substitution
3.2.2.2 Barriers and costs associated with switching supply
3.3 Evidence used to define geographic markets
3.3.1 Categories of evidence relevant for defining the relevant geographic market
3.3.1.1 Identity of available suppliers, market shares and prices
3.3.1.2 Customer preferences and purchasing behaviour
3.3.1.3 Barriers and costs associated with supplying customers in different areas
3.3.1.4 Distance-related factors, transport costs and catchment areas
3.3.1.5 Trade flows and pattern of shipments
3.4 Gathering and evaluating evidence
4 MARKET DEFINITION IN SPECIFIC CIRCUMSTANCES
4.1 Market definition in the presence of significant differentiation
4.2 Market definition in the presence of discrimination between customers or customer groups
4.3 Market definition in the presence of significant R&D
4.4 Market definition in the presence of multi-sided platforms
4.5 Market definition in the presence of after-markets, bundles and (digital) ecosystems
5 MARKET SHARES
6 CONCLUSIONS