Defining the Relevant Market in EU Concentration Cases - Applied to the Plate Heat Exchanger Industry

Abstract: An essay describing the legal regime governing market definition, particularly concerning concentration cases having a Union dimension. The author high-lights difficulties under the current legal regime, consisting mainly of the EU Commission’s Relevant Market Notice and case law. It is concluded that though this gives some guidance, case-law as well as doctrine indicates that parties will be able to argue far beyond the limits indicated by its provisions, thus allowing great uncertainty. Having described the legal regime, an example line of argumentation is presented, based on the market as perceived by actors in the plate heat exchanger industry. The essay is concluded by a critical analysis of the system as it is found during the course of the essay.