TRENDS : EUROPEAN COMMISSION - 1997 NOTICE - MARKET DEFINITION - MAIN PRINCIPLES - AREAS IDENTIFICATION - AFTERMARKETS - TWO-SIDED MARKETS - NEW RAPIDLY EVOLVING MARKETS

Market definition: Is there a need for new guidance?

The 1997 Notice on market definition is one of the oldest guidance notices adopted by the Commission in the area of competition law. Although its main principles appear still valid and uncontroversial, there is arguably scope for further guidance in controversial areas such as the identification and definition of aftermarkets, two-sided markets, and new and rapidly evolving markets.

Market definition The 1997 Commission Notice on market definition: Its time has come? Filippo Amato [1] Of Counsel, Jones Day, Brussels I. Introduction 1. Over a decade ago, the European Commission adopted its guidance Notice on market definition [2]. Untouched for some 13 years, the Notice is one of the oldest guidance notices adopted by the Commission in the area of competition law. Against this background, and in light of the increased use of complex economic analysis in the application of competition law, it seems legitimate to consider whether revision of the Notice is needed. Before answering this question, however, it is useful to recall the surrounding context and motivations that led to the Commission’s adoption of the notice. 2. Long before the adoption of the Notice on

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Authors

  • European Commission (Brussels)
  • Deloitte (Paris)
  • Deloitte (Paris)
  • Cleary Gottlieb Steen & Hamilton (Washington)
  • US Attorney’s Office, Southern District of Ohio

Quotation

Filippo Amato, Gildas de Muizon, Ariane Charpin, Leah Brannon, Alex R. Sistla, Market definition: Is there a need for new guidance?, May 2012, Concurrences N° 2-2012, Art. N° 45241, pp. 9-20

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