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| less than a minute read

Market definition enters a new era

The European Commission has published its new draft Notice on definition of the relevant market. Far from being a dry and dusty read, this is a fascinating insight into the ways the world has changed since the current version was published back in 1997 (yes that was -- just -- before I became a competition lawyer!). Factors such as supply chain resilience, globalisation and digital ecosystems are mentioned, and the relevance of non-price parameters of competition such as privacy and security conditions, or the sustainability of products are all mentioned. If adopted, the SSNIP test will have to make room for the (much less pronounceable) SSNDQ test.

My and Sean-Paul Brankin's article discusses all of this in more detail.

The Market Definition Notice is being revised for the first time since its adoption in 1997, taking into account the significant developments of the intervening years, in particular digitalisation and new ways of offering goods and services, and to reflect the interconnected and globalised nature of commercial exchanges.


competition law