European Commission Has Published The Revised Market Definition Notice

The European Commission has published proposed changes to the Market Definition Notice considering the significant developments in the recent years, particularly as a response to the widespread digitalization. The main purpose of the draft revised Market Definition Notice is to minimize potential competitive concerns by providing businesses with more guidance, transparency and legal certainty.

The most notable change introduced by the draft is that it lays a higher focus on non-price factors of market definition, such as innovation and quality of products and services. In order to achieve this purpose, the draft introduces new guidance and principles to market definition of digital markets and innovation-intensive markets by explaining how the market should be assessed where companies compete on innovation. European Commission thinks that by relying more on qualitative techniques rather than quantitative techniques while gathering and evaluating evidence it is