ERT Response to the consultation on the revised draft of the Market Definition Notice

ERT welcomes the European Commission’s commitment to evaluating and refining its competition law ‘toolkit’ including its publication of the revised draft of the Market Definition Notice on 8 November 2022.

ERT also very much appreciated the session held by the Commission on 5 December 2022 to further explain the additional details and new material in the Draft Market Definition Notice. Overall, ERT welcomes the introductory remarks of the Commission that recognises the new ways of offering services and the increasing globalised nature of competition, which in turn should lead to broader market definitions.

Having reflected on the Draft Market Definition Notice and that helpful discussion, ERT submits this note to highlight certain areas of the Draft Market Definition Notice that would benefit from further refinement/improvement.