After much anticipation, the European Commission has adopted its revised Market Definition Notice – the first revision of the Notice since its adoption in 1997. The revised Notice reflects significant developments in market realities over the intervening years – especially the impact of digitalisation and the increasingly interconnected and globalised nature of many commercial dealings.
The Commission’s goal is to give companies more guidance so they can assess their own market position to support their compliance with EU antitrust rules. The revised Notice also consolidates the Commission’s case practice and EU case law over many years of enforcement, to improve the efficiency of enforcement by the Commission and national competition authorities who can rely on the guidance.