The draft new Market Definition Notice - shaken or just stirred?
Date:

08 December 2022

Time:

19:00 - 20:30 (CET)

Speaker(s):

Terezia Kianickova
Case-handler
DG COMP

Pinelopi Stamou
Case-handler
DG COMP

Thomas Büttner
Economist
DG COMP
European Commission
Brussels

Location: In-person / by webinar

CPD: Accredited for 1.5 hours CPD (UK SRA)

Registration: Closes at 12PM (CET) on 8 December

On 08 November, DG COMP launched a public consultation on a first draft of the revised 1997 Market Definition Notice (‘the Notice’).

 

On 19 January, DG COMP opened a call for evidence in the review of the Notice.

 

Senior COMP officials have recently stressed how the review, while not revolutionary, could tackle a range of current issues highlighted by the initial evaluation, including:

·        The use and purpose of the SSNIP test;

·        Market definition in certain digital markets, where services are free and in relation to ‘ecosystems’ that can leave consumers locked-in;

·        Geographic market definitions, considering globalisation;

·        Calculation of market shares (for ex., the metrics applicable in digital markets); and

·        Non-price competition (i.e., adding comprehensive guidance on market definition in markets with a ‘heavy innovation component’).

The 25-year-old Notice provides guidance on how the Commission identifies an undertaking’s actual competitors, a crucial intermediate step in any competition law analysis applying Articles 101 and 102 TFEU and the Merger Regulation. 


Participants in this first Europe-wide 'Chatham House rule' in-person / webinar discussion with DG COMP's market definition project team will benefit from early insights ahead of the adoption of a future-proofed Notice in 2023.


List of participants (updated 28 November)


Market Definition Notice consultation page 2022


DG COMP's press release (08.11.22)


Evaluation of the Market Definition Notice (Summary) (12.07.21)


Evaluation (Staff Working Document) (12.07.21)


"Merger control: the goals and limits of competition policy in a changing world", EVP Vestager, International Bar Association, Florence (09.09.22)


'The Market Definition Notice - fine tuning or a new instrument?', B. Panhans, Brussels Matters (15.07.20)

Registration Fees
(Rates in €uros excluding VAT)
Category Early Normal Late
Private Sector Lawyer/Economist

150

175

200

General/In-house Counsel

120

140

160

Public Sector Lawyer

80

100

120

Full-Time Students/Academics

50

50

75

How to participate?

You can participate in this discussion by Zoom webinar from your (home) office.

Following registration, all participants will receive an email confirmation of participation and a receipt, once their credit card payment has been approved.

Participants will be able to join the webinar from 11.45am (CET).

The discussion will last up to 90 minutes. All participants will receive the speaker's presentation and will be able to ask questions.

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