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Jones & Sufrin's EU Competition LawText, Cases, and Materials

Jones & Sufrin's EU Competition Law: Text, Cases, and Materials (7th edn)

Alison Jones, Brenda Sufrin, and Niamh Dunne
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date: 10 December 2022

p. 973. Market Power, Market Definition, and Barriers to Entrylocked

p. 973. Market Power, Market Definition, and Barriers to Entrylocked

  • Alison Jones, Alison JonesProfessor of Law, King’s College, London
  • Brenda SufrinBrenda SufrinEmeritus Professor of Law, University of Bristol
  •  and Niamh DunneNiamh DunneAssociate Professor of Law, London School of Economics

Abstract

Market power is a central concept in EU competition law. This chapter considers what is meant by market power and how it is assessed in EU law using market definition and barriers to entry analysis. It discusses how markets are defined in EU law by looking at demand substitution, supply substitution, and potential competition. It explains that markets may have both a product and a geographic dimension. The chapter examines the Commission Notice on the definition of the relevant market, the decisional practice of the Commission, and the case law of the EU Courts on market definition, and it discusses what tests may be employed in the definition of markets, particularly the SSNIP test. The chapter then considers how the power of a firm on a market is affected by barriers to entry. It discusses the definition of a barrier to entry and considers barriers to entry such as sunk costs, structural barriers, and strategic barriers,

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