The European Commission has published a public consultation on the Market Definition Notice used in EU competition law. The open questionnaire will contribute to the Commission’s evaluation of the Notice to assess whether it requires updating. Stakeholders can submit their views and respond to the open public consultation until 9 October 2020.
Over the past few years, change is happening at an ever more rapid pace, and the world is becoming increasingly digital and interconnected. The current Market Definition Notice dates from 1997 and may therefore not address all pertinent questions arising today when defining the relevant product and geographic market. The Commission has also gained a lot of experience in market definition all these years, techniques have evolved and the EU courts have provided additional guidance.
The best practices that can be distilled from these developments may need to be reflected in a revised Market Definition Notice, and the Commission is seeking stakeholders’ feedback on this.
Competition Commissioner Margrethe Vestager (pictured) said: “EU competition rules must remain fit for a world that is changing fast and is increasingly digital. The Market Definition Notice provides key information to companies and other stakeholders, helping them to understand the Commission’s approach on how the market works. It is important that the guidance the Commission gives is up to date and that it sets out a clear and consistent approach to market definition in a way that is easily accessible. We want to have an open dialogue and exchanges with all relevant stakeholders for the Commission to understand any concerns about definitions on how the market works and if the notice needs to be updated.”
The full press release is available online.