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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 6: Product market

Miguel S. Ferro

Extract

This chapter builds on the general issues addressed in Chapter 5, focusing specifically on the method of defining product markets under EU competition law. It begins by providing an overall summary of the case-law on the basic concept of product market and the principles for its delineation. In so doing, it proposes a revised basic definition, which takes into account case-law developments, as well as an ‘ideal’ definition, which goes beyond the Court’s position. It then looks at the general factors which must be taken into account when including products in the same market. Finally, it describes the case-law that deals specifically with secondary markets, bundles, intermediary products, the impact of innovation, and other issues.

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