The Concept of Relevant Market: Some Critical Remarks

ŠILHÁN, Josef. The Concept of Relevant Market: Some Critical Remarks. European Competition Law Review. Andover: Sweet and Maxwell, 2012, roč. 33, č. 12, p. 589-597. ISSN 0144-3054.

Basic information

• Original name: The Concept of Relevant Market: Some Critical Remarks
• Authors: ŠILHÁN, Josef (203 Czech Republic, guarantor, belonging to the institution).
• Edition: European Competition Law Review, Andover, Sweet and Maxwell, 2012, 0144-3054.

Other information

• Original language: English
• Type of outcome: Article in a journal
• Field of Study: 50500 5.5 Law
• Country of publisher: United Kingdom of Great Britain and Northern Ireland
• Confidentiality degree: is not subject to a state or trade secret
• RIV identification code: RIV/00216224:14220/12:00057777
• Organization unit: Faculty of Law
• Keywords in English: relevant market;antitrust;competition law;SSNIP test;market share
• Tags: rivok

Abstract

In this paper the author offers a critical view of the relevant market concept which is one of the key terms in competition (antitrust) law and strongly influences the end results of competition law regulation. The author presents the standpoint that in the current, quite narrow perception with strong legal meaning attributed to defined market boundaries, it has some significant shortcomings. Three levels are mentioned in the text to consider the issue: (i) too narrow market boundary definition, but connected with significant normative effects, (ii) imperfection of methods adopted for market boundary definition, and (iii) imperfect adoption of these methods in application practice. The author therefore suggests certain modifications of the entire concept accompanied by a mitigation of the significance attributed to the whole institute.

Links

• GPP408/10/P186, research and development project: Name: Ochrana hospodářské soutěže z pohledu práva a ekonomie (Acronym: Ochrana hospodářské soutěže)

Investor: Czech Science Foundation