Review of the Notice on relevant market definition – AFEP contribution

Review of the 1997 Notice on the definition of the relevant market for the purposes of Community competition law

AFEP supports the modernisation of competition law and in particular of the analysis of the relevant market to incorporate global economic developments. AFEP encourages the Commission to:

  • Review the basic principles of market definition with a more comprehensive economic and legal analysis of the relevant market. The three criteria of competitive constraints (substitutability of demand, better consideration of supply, consideration of potential competition) should be applied in non-cumulative and modulated way within a framework of a dynamic time frame (expand the analysis to 3-4 years)
  • Take into account potential external competition in the Single Market from non-European competitors;
  • Integrate digital, behavioural and economic changes in the product and geographic dimensions of the market as well as in the calculation of market shares (free services, two-sided markets, barriers to entry and market powers of the most structuring platforms).
AFEP Position Paper – Review of the Notice on the relevant market definition - February 2022
AFEP Position Paper – Evaluation of the Notice on the relevant market definition - October 2020