Market Definition 2012 OECD

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Unclassified DAF COMP 2012 19, Organisation de Coop ration et de D veloppement conomiques. Organisation for Economic Co operation and Development 11 Oct 2012. English French,DIRECTORATE FOR FINANCIAL AND ENTERPRISE AFFAIRS. COMPETITION COMMITTEE,Unclassified,DAF COMP 2012 19. MARKET DEFINITION,JT03328426,English French, Complete document available on OLIS in its original format. This document and any map included herein are without prejudice to the status of or sovereignty over any territory to the delimitation of. international frontiers and boundaries and to the name of any territory city or area. DAF COMP 2012 19, This document comprises proceedings in the original languages of a Roundtable on Market.
Definition held by the Competition Committee in June 2012. It is published under the responsibility of the Secretary General of the OECD to bring. information on this topic to the attention of a wider audience. This compilation is one of a series of publications entitled Competition Policy Roundtables. Ce document rassemble la documentation dans la langue d origine dans laquelle elle a t. soumise relative une table ronde sur la d finition march pertinent qui s est tenue en juin 2012 dans le. cadre du Comit de la concurrence, Il est publi sous la responsabilit du Secr taire g n ral de l OCDE afin de porter la. connaissance d un large public les l ments d information qui ont t r unis cette occasion. Cette compilation fait partie de la s rie intitul e Les tables rondes sur la politique de la. concurrence, Visit our Internet Site Consultez notre site Internet. http www oecd org competition,DAF COMP 2012 19,OTHER TITLES. SERIES ROUNDTABLES ON COMPETITION POLICY, 1 Competition Policy and Environment OCDE GD 96 22. 2 Failing Firm Defence OCDE GD 96 23, 3 Competition Policy and Film Distribution OCDE GD 96 60.
4 Efficiency Claims in Mergers and Other Horizontal Agreements OCDE GD 96 65. 5 The Essential Facilities Concept OCDE GD 96 113, 6 Competition in Telecommunications OCDE GD 96 114. 7 The Reform of International Satellite Organisations OCDE GD 96 123. 8 Abuse of Dominance and Monopolisation OCDE GD 96 131. 9 Application of Competition Policy to High Tech Markets OCDE GD 97 44. 10 General Cartel Bans Criteria for Exemption for Small and Medium OCDE GD 97 53. sized Enterprises, 11 Competition Issues related to Sports OCDE GD 97 128. 12 Application of Competition Policy to the Electricity Sector OCDE GD 97 132. 13 Judicial Enforcement of Competition Law OCDE GD 97 200. 14 Resale Price Maintenance OCDE GD 97 229, 15 Railways Structure Regulation and Competition Policy DAFFE CLP 98 1. 16 Competition Policy and International Airport Services DAFFE CLP 98 3. 17 Enhancing the Role of Competition in the Regulation of Banks DAFFE CLP 98 16. 18 Competition Policy and Intellectual Property Rights DAFFE CLP 98 18. 19 Competition and Related Regulation Issues in the Insurance Industry DAFFE CLP 98 20. 20 Competition Policy and Procurement Markets DAFFE CLP 99 3. 21 Competition and Regulation in Broadcasting in the Light of DAFFE CLP 99 1. Convergence, 22 Relations between Regulators and Competition Authorities DAFFE CLP 99 8. 23 Buying Power of Multiproduct Retailers DAFFE CLP 99 21. 24 Promoting Competition in Postal Services DAFFE CLP 99 22. 25 Oligopoly DAFFE CLP 99 25,26 Airline Mergers and Alliances DAFFE CLP 2000 1.
27 Competition in Professional Services DAFFE CLP 2000 2. DAF COMP 2012 19, 28 Competition in Local Services Solid Waste Management DAFFE CLP 2000 13. 29 Mergers in Financial Services DAFFE CLP 2000 17. 30 Promoting Competition in the Natural Gas Industry DAFFE CLP 2000 18. 31 Competition Issues in Electronic Commerce DAFFE CLP 2000 32. 32 Competition in the Pharmaceutical Industry DAFFE CLP 2000 29. 33 Competition Issues in Joint Ventures DAFFE CLP 2000 33. 34 Competition Issues in Road Transport DAFFE CLP 2001 10. 35 Price Transparency DAFFE CLP 2001 22, 36 Competition Policy in Subsidies and State Aid DAFFE CLP 2001 24. 37 Portfolio Effects in Conglomerate Mergers DAFFE COMP 2002 5. 38 Competition and Regulation Issues in Telecommunications DAFFE COMP 2002 6. 39 Merger Review in Emerging High Innovation Markets DAFFE COMP 2002 20. 40 Loyalty and Fidelity Discounts and Rebates DAFFE COMP 2002 21. 41 Communication by Competition Authorities DAFFE COMP 2003 4. 42 Substantive Criteria Used for the Assessment of Mergers DAFFE COMP 2003 5. 43 Competition Issues in the Electricity Sector DAFFE COMP 2003 14. 44 Media Mergers DAFFE COMP 2003 16,45 Universal Service Obligations DAF COMP 2010 13. 46 Competition and Regulation in the Water Sector DAFFE COMP 2004 20. 47 Regulating Market Activities by Public Sector DAF COMP 2004 36. 48 Merger Remedies DAF COMP 2004 21, 49 Cartels Sanctions Against Individuals DAF COMP 2004 39. 50 Intellectual Property Rights DAF COMP 2004 24,51 Predatory Foreclosure DAF COMP 2005 14.
52 Competition and Regulation in Agriculture Monopsony Buying and DAF COMP 2005 44. Joint Selling, 53 Enhancing Beneficial Competition in the Health Professions DAF COMP 2005 45. 54 Evaluation of the Actions and Resources of Competition Authorities DAF COMP 2005 30. 55 Structural Reform in the Rail Industry DAF COMP 2005 46. 56 Competition on the Merits DAF COMP 2005 27, 57 Resale Below Cost Laws and Regulations DAF COMP 2005 43. 58 Barriers to Entry DAF COMP 2005 42, 59 Prosecuting Cartels Without Direct Evidence of Agreement DAF COMP GF 2006 7. 60 The Impact of Substitute Services on Regulation DAF COMP 2006 18. 61 Competition in the Provision of Hospital Services DAF COMP 2006 20. DAF COMP 2012 19, 62 Access to Key Transport Facilities DAF COMP 2006 29. 63 Environmental Regulation and Competition DAF COMP 2006 30. 64 Concessions DAF COMP GF 2006 6, 65 Remedies and Sanctions in Abuse of Dominance Cases DAF COMP 2006 19.
66 Competition in Bidding Markets DAF COMP 2006 31. 67 Competition and Efficient Usage of Payment Cards DAF COMP 2006 32. 68 Vertical Mergers DAF COMP 2007 21, 69 Competition and Regulation in Retail Banking DAF COMP 2006 33. 70 Improving Competition in Real Estate Transactions DAF COMP 2007 36. 71 Public Procurement The Role of Competition Authorities in DAF COMP 2007 34. Promoting Competition, 72 Competition Patents and Innovation DAF COMP 2007 40. 73 Private Remedies DAF COMP 2006 34, 74 Energy Security and Competition Policy DAF COMP 2007 35. 75 Plea Bargaining Settlement of Cartel Cases DAF COMP 2007 38. 76 Competitive Restrictions in Legal Professions DAF COMP 2007 39. 77 Dynamic Efficiencies in Merger Analysis DAF COMP 2007 41. 78 Guidance to Business on Monopolisation and Abuse of Dominance DAF COMP 2007 43. 79 The Interface between Competition and Consumer Policies DAF COMP GF 2008 10. 80 Facilitating Practices in Oligopolies DAF COMP 2008 24. 81 Taxi Services Regulation and Competition DAF COMP 2007 42. 82 Techniques and Evidentiary Issues in Proving Dominance Monopoly DAF COMP 2006 35. 83 Managing Complex Mergers DAF COMP 2007 44, 84 Potential Pro Competitive and Anti Competitive Aspects of DAF COMP 2007 45. Trade Business Associations,85 Market Studies DAF COMP 2008 34.
86 Land Use Restrictions as Barriers to Entry DAF COMP 2008 25. 87 Construction Industry DAF COMP 2008 36, 88 Antitrust Issues Involving Minority Shareholdings and Interlocking DAF COMP 2008 30. Directorates, 89 Fidelity and Bundled Rebates and Discounts DAF COMP 2008 29. 90 Presenting Complex Economic Theories to Judges DAF COMP 2008 31. 91 Competition Policy for Vertical Relations in Gasoline Retailing DAF COMP 2008 35. 92 Competition and Financial Markets DAF COMP 2009 11. 93 Refusals to Deal DAF COMP 2007 46,DAF COMP 2012 19. 94 Resale Price Maintenance DAF COMP 2008 37, 95 Experience with Direct Settlements in Cartel Cases DAF COMP 2008 32. 96 Competition Policy Industrial Policy and National Champions DAF COMP GF 2009 9. 97 Two Sided Markets DAF COMP 2009 20,98 Monopsony and Buyer Power DAF COMP 2008 38.
99 Competition and Regulation in Auditing and Related Professions DAF COMP 2009 19. 100 Competition Policy and the Informal Economy DAF COMP GF 2009 10. 101 Competition Patents and Innovation II DAF COMP 2009 22. 102 Standard for Merger Review DAF COMP 2009 21,103 Failing Firm Defence DAF COMP 2009 38. 104 Competition Concentration and Stability in the Banking Sector DAF COMP 2010 9. 105 Margin Squeeze DAF COMP 2009 36, 106 State Owned Enterprises and the Principle of Competitive Neutrality DAF COMP 2009 37. 107 Generic Pharmaceuticals DAF COMP 2009 39, 108 Collusion and Corruption in Public Procurement DAF COMP GF 2010 6. 109 Electricity Renewables and Smart Grids DAF COMP 2010 10. 110 Exit Strategies DAF COMP 2010 32,111 Standard Setting DAF COMP 2010 33. 112 Competition State Aids and Subsidies DAF COMP GF 2010 5. 113 Emission Permits and Competition DAF COMP 2010 35. 114 Pro active Policies for Green Growth and the Market Economy DAF COMP 2010 34. 115 Information Exchanges between Competitors under Competition Law DAF COMP 2010 37. 116 The Regulated Conduct Defence DAF COMP 2011 3, 117 Procedural Fairness Transparency Issues in Civil and Administrative DAF COMP 2010 11.
Enforcement Proceedings, 118 Competition in Ports and Port Services DAF COMP 2011 14. 119 Crisis Cartels DAF COMP GF 2011 11, 120 Horizontal Agreements in the Environmental Context DAF COMP 2010 39. 121 Excessive Prices DAF COMP 2011 18, 122 Cross border Merger Control Challenges for Developing and DAF COMP GF 2011 13. Emerging Economies, 123 Competition in Hospital Services DAF COMP 2012 9. 124 Procedural Fairness Competition Authorities Courts and Recent DAF COMP 2011 122. Developments,125 Remedies in Merger Cases DAF COMP 2011 13.
DAF COMP 2012 19, 126 Economic Evidence in Merger Analysis DAF COMP 2011 23. 127 Unilateral Disclosure of Information with Anticompetitive Effects DAF COMP 2012 17. 128 Promoting Compliance with Competition Law DAF COMP 2011 20. 129 Impact Evaluation of Merger Decisions DAF COMP 2011 24. DAF COMP 2012 19,DAF COMP 2012 19,TABLE OF CONTENTS. EXECUTIVE SUMMARY 11,SYNTH SE 15,BACKGROUND NOTE 21. NOTE DE R F RENCE 105,CONTRIBUTIONS,Australia 197,Finland 213. France version fran aise 219,France English version 231.
Germany 241,Hungary 247,Ireland 251,Israel 255,Mexico 273. Norway 279,Poland 285,Sweden 297,Switzerland 301,Turkey 307. United Kingdom 313,United States 321,European Union 333. Bulgaria 341,Colombia 345,Indonesia 347,Latvia 351. Romania 363,Russian Federation 373,South Africa 377.
Chinese Taipei 385,Ukraine 391,DAF COMP 2012 19,Nils Wahl 407. SUMMARY OF DISCUSSION 411,COMPTE RENDU DE LA DISCUSSION 425. DAF COMP 2012 19,EXECUTIVE SUMMARY,By the Secretariat. Considering the discussion at the roundtable the background note as well as the delegates and. panellists written submissions several key points emerge. 1 Market Definition is one of the most important analytical tools to examine and evaluate the. competitive constraints that a firm faces and the impact of its behaviour on competition. Market definition is a widely applied analytical framework to examine and to evaluate. competitive concerns The relevant market should be defined in a way such that the competitive. constraints a firm faces i e demand and supply side substitution are captured as accurately as. possible The relevant market is usually defined by applying the hypothetical monopolist test. also known as the SSNIP test according to which a market comprises all the products and. regions for which a hypothetical profit maximising monopolist would impose a Small but. Significant Non transitory Increase in Price, Market definition serves several purposes in identifying the scope of competition in a market. The main goal of market definition is to assess the existence creation or strengthening of market. power which is defined as the ability of the firm to keep the price above the long run competitive. level The market shares of the respective firms provide an indication of market power Market. definition also facilitates the identification of relevant competitors and is useful in evaluating the. risk of potential co ordinated effects in mergers In addition identifying the area of competition. allows other relevant competition issues to be examined such as potential barriers to entry Even. when the necessary data to perform the hypothetical monopolist test are not available this test. provides a coherent conceptual framework to define the relevant market The importance of. market definition also extends beyond its role in analysing competition concerns the concept is. used as a basis for calculating fines for estimating the effects on trade between EU member. states and has served as a procedural model for other areas of law. 2 However market definition is a complex task and there is broad agreement that in some cases its. appropriateness can be called into question The main concerns relate to the limited value of. even accurately calculated market shares and concentration measures in specific kinds of. In several types of markets market shares and concentration measures might over or. underestimate the market power of firms and the potential competition effects as described in the. background paper In differentiated product markets for instance the intensity of competition. Market Definition 2012 The OECD Competition Committee debated Market Definition in June 2012 This document includes an executive summary an aide memoire of the discussion and the documents from the meeting an analytical note by Ulrich Schwalbe and Frank Maier Rigaud written submissions by Australia Bulgaria Colombia Chile Finland France the European Union Germany Hungary Indonesia

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