A New Era for Antitrust Market Definition

Abstract

A new era is dawning for market definition under EU competition law. It is being rung in by five distinct developments that, together, foreshadow the future of the relevant market as a tool of competition law. A plethora of policy reports on digital markets have made recommendations for antitrust market definition, while an increasing body of case law is tackling new issues arising for market definition. The European Commission is updating its Market Definition Notice to make it fit for current market realities, while also treading new paths with its forthcoming market investigation tool. In addition, the academic debate is exploring different avenues for recalibrating market definition. By analyzing these developments, the contribution explores what may lie in store for the relevant market as a fundamental analytical tool of EU competition law.

Keywords: Competition Law, Market Definition Notice, Relevant Market