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ARTICLE · 06 MAY 2024

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European Commission Updates Market Definition Notice

On 8 February 2024, the European Commission (‘Commission') published the revised Commission Notice on the definition of the relevant market for the purposes of Union competition law (‘Revised Notice').

MaltaAntitrust/Competition Law

On 8 February 2024, the European Commission ('Commission') published the revised Commission Notice on the definition of the relevant market for the purposes of Union competition law ('Revised Notice'). The Revised Notice provides a much-needed revision to the 1997 version—more than 25 years later.

What is a relevant market?

The starting point for competition analyses carried out by the Commission and national competition authorities, including Malta's Office for Competition, is the definition of the boundaries within which competition is taking place amongst businesses. These boundaries constitute the relevant market.

The identification of the relevant market is the cornerstone of any analysis under EU competition law—be it merger control, abuse of dominance and coordinated conduct. Products which are deemed to be homogenous or substitutable by consumers, within a specific geographic catchment area, are placed in one 'market'. If products fall within this

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