Market definition plays a key role in the application of competition law. This Checklist can be used to help identify the relevant market for competition law purposes and the types of evidence that can be used when defining a relevant market (see further, Market definition and analysis in EU and UK competition law).
Framework for assessment
Remember the rationale for market definition in competition cases.
Market definition is not an end in itself but is a method to identify the strongest and most immediate competitive constraints faced by a firm(s) for the assessment of market power.
Key points to consider when defining and analysing markets are as follows:
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Consider the context within which the market definition exercise is being carried out (whether in relation to the assessment of restrictive agreements, abuse of dominance or mergers). The analytical approach and significance of particular market shares may vary depending on the context/competition problem
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Identify, assemble and review the data required to inform the assessment (see below)
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Analyse potential market definition(s) (a starting point is the ‘SSNIP test’ or ‘hypothetical monopolist test’, although
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