(Under forberedelse) Kommisjonskunngjøring om avgrensning av det relevante marked innen Fellesskapets konkurranserett (revisjon)
(In preparation) Commission Notice on the definition of relevant market for the purposes of Community competition law
Høring igangsatt av Kommisjonen 26.6.2020
BAKGRUNN (fra Kommisjonens høringsnettside)
EU competition law – market definition notice (evaluation)
About this consultation
Feedback period: 26 June 2020 - 09 October 2020 (midnight Brussels time)
The Commission expects several stakeholder groups to be interested in the evaluation of the Notice. These groups are expected to be: (i) EU and non-EU competition authorities as well as other public bodies, (ii) companies with business operations in the EU and industry associations, (iii) consumers and consumer organizations, (iv) law firms and economic consultancies advising companies on competition issues and (v) academics with a focus on EU competition law. All these groups are expected to have similar level of interest in this procedure. The questionnaire is open to everyone interested whether or not listed herein.
Why we are consulting
The Commission is evaluating whether its 1997 Notice on market definition requires updating to ensure that it is accurate and up to date and that it sets out a clear and consistent approach to market definition in both antitrust and merger cases across different industries, in a way that is easily accessible.
Market definition is a tool to identify and define the boundaries of competition between undertakings. The objective of defining a market in both its product and geographic dimension is to identify the actual competitors that are capable of constraining the commercial decisions of the undertakings concerned (such as their pricing decisions). It is from this perspective that the market definition makes it possible, among other things, to calculate market shares that would convey meaningful information for the purposes of assessing market power.
The Commission Notice on the definition of relevant markets has the purpose of providing ‘guidance as to how the Commission applies the concept of relevant product and geographic market in its ongoing enforcement of Community competition law […]. By rendering public the procedures which the Commission follows when considering market definition and by indicating the criteria and evidence on which it relies to reach a decision, the Commission expects to increase the transparency of its policy and decision-making in the area of competition policy.’
The purpose of this questionnaire is to collect views and evidence from the public and stakeholders on how the current Notice works for them. Please note that the purpose of this questionnaire is not to evaluate the requirement of defining a relevant market for the purpose of the application of EU competition law or of having to comply with EU competition law.
The collected information will provide part of the evidence base for determining whether and how the Commission should change the Notice.
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