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Market Definition in EU Competition Law

Miguel S. Ferro

The maintenance of a fair, competitive market among member states is critical to the functioning of the EU economy. In this book, the first comprehensive, unifying view of market definition, Miguel Ferro adeptly explores the different economic-legal issues that arise in EU competition law.
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Chapter 4: Practical relevance of market definition

Miguel S. Ferro

Extract

This chapter analyses, one by one, all the situations in the enforcement of competition law in which market definition may be relevant. Through exhaustive analysis of the case-law of the CJEU, it describes and discusses the position of the Court (and divergent positions expressed by the Commission) about the need to define markets when applying competition rules in horizontal issues (effect on trade between MS; procedural rights, complaints and appeals; scope of inspection and information requests; prioritization of public enforcement; provisional measures), collective practices (restrictive object or effect; individual and block exemptions; scope of personal liability; quantifying fines), unilateral practices (dominant position, economic dependence, abuse), merger control (obligation to notify; information to be provided; approval; referral; simplified procedure) and State aid (notification, distortion of competition, individual and category exemptions, interested third-party status). This chapter may be used as a guide for when and how to argue the absence or incorrect definition of the market by authorities or private litigants, as well as to the Court’s expectable response. It may also be used to identify the precedents of when the different types of situations have arisen in the case-law.

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