European Union: Issued Staff Working Document regarding the concluded evaluation of the Market Definition Notice includes missing consideration of digital markets

The European Commission (EC) published its Staff Working Document on July 12, 2021 regarding the evaluation of the Market Definition Notice from 1997. This follows a public consultation that was completed between June 26 and October 9, 2020, as well as feedback gathering from EU national competition authorities. The Notice defines the conceptual terms "relevant product" and "geographic market" and gives best practice application guidelines for competition enforcement. In the evaluation, the conclusion is reached, that while the Notice is still very much applicable today, there are certain changes that are not reflected in the Notice. The market definition does not include digital markets and also doesn't account for the rising importance and dynamic nature of online platforms, among others. How these issues are to be addressed, is being examined now.