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ARTICLE · 01 MARCH 2024

European Commission Adopts Revised Market Definition Notice: Evolution Fit For New Challenges?

On 8 February 2024, the European Commission (Commission) adopted its first revision of the Market Definition Notice (Notice) since its adoption in 1997.

European UnionAntitrust/Competition Law

On 8 February 2024, the European Commission (Commission) adopted its first revision of the Market Definition Notice (Notice) since its adoption in 1997.1 Significantly expanding the Commission's guidance (from 9 pages in 1997 to 45 pages in 2024), the revision is intended to respond to developments in recent years, with an emphasis on digitalisation,2 experiences in the Commission's enforcement practice, and Union case law.

In this brief, our focus is on how the Notice will impact market assessments of digital markets and market shares, along with economic tools used in those assessments.

A. Market definition for multi-sided intermediaries, after-markets, bundles and ecosystems

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