Feedback on the European Commission's Evaluation of the Market Definition Notice

7 Pages Posted: 17 Jul 2020

See all articles by Inge Graef

Inge Graef

Tilburg Law School; Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT); Tilburg Law and Economics Center (TILEC)

Date Written: May 15, 2020

Abstract

With this submission, I would like to take the opportunity to respond to the European Commission’s call for feedback on the evaluation of the Market Definition Notice. My comments mainly focus on the relevance and coherence of the Notice as two of the five evaluation criteria listed by the Commission.

My submission aims to convey the following main messages:

• A revised Market Definition Notice should acknowledge that for some restrictions of competition market definition is still decisive, while the effects of other restrictions of competition go beyond relevant markets as such.

• To address the latter issue, a revised Market Definition Notice should stress the importance of potential competition in industries where innovation is a key parameter of competition.

• A revised Market Definition Notice should provide room for competition authorities to engage in a more dynamic and forward-looking analysis in order to develop new approaches that can be refined in future cases.

Keywords: Potential competition; innovation; digital ecosystems; data markets

JEL Classification: K21; L43

Suggested Citation

Graef, Inge, Feedback on the European Commission's Evaluation of the Market Definition Notice (May 15, 2020). Available at SSRN: https://ssrn.com/abstract=3635416 or http://dx.doi.org/10.2139/ssrn.3635416

Inge Graef (Contact Author)

Tilburg Law School ( email )

Tilburg, 5000 LE
Netherlands

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT) ( email )

P.O.Box 90153
Prof. Cobbenhagenlaan 221
Tilburg, 5037
Netherlands

Tilburg Law and Economics Center (TILEC) ( email )

Warandelaan 2
Tilburg, 5000 LE
Netherlands

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