Market test

Approval to market test the commitments

Once the case team considers the commitments offered are adequate to address the competition concerns, it should draft a note to the Competition Commissioner to ask for his/her approval to market test the commitments pursuant to Article 27(4) of Regulation 1/2003. The note should explain why the commitments are considered sufficient and also if any competition concerns are not addressed and why (e.g. because the case team had suggested to drop these concerns). The note should also draw attention to any areas where doubts remain as to the appropriateness of the commitments that the market test is envisaged to clarify.

More about Market test

The Commission is also entitled to informally “market test” / discuss the offered commitments with specific third parties prior to publishing a notice pursuant to Article 27(4).

More about the Subject

If the case team is not convinced that the commitments offered prima facie address the competition concerns identified, it should not proceed with the preparation of the market test but discuss internally the procedure further.

Resources

See Also

References

• Information about Market test in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

• Information about Market test in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)