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COMMUNICATION FROM THE COMMISSION Commission Notice on the definition of the relevant market for the purposes of Union competition law · European Union

Therefore, when market definition is performed in the context of a case that requires an assessment of the degree of existing market power, such as in the context of an assessment of dominance in an Article 102 TFEU case, the fact that the prevailing price may already be at a supra-competitive level needs to be taken into account. In such cases, the Commission may apply the SSNIP test starting from a counterfactual price that would prevail under (more) effective competition; or it may rely on other evidence to define the relevant market.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07 · Text as adopted (Official Journal); later amendments are not incorporated in this text.