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The indirect assessment of market power usually is made in three consequents steps: “First, the relevant market has to be defined. Then, the firms’ market shares have to be determined. Finally, the market shares have to be interpreted, taking into account the competitive conditions prevailing in the market in order to establish whether a dominant position exists, or if it is strengthened or being abused”.Since the delineation of the relevant product market is one of the most important points to determine the market by itself, it is considered also as the starting point of the market power assessment. Hence the importance of a conscientious definition of the product, since a mistake in this element would imply error on further analysis.

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For solving this problem, currently both, product and geographical relevant market are considered simultaneously, considering the options of the costumers as a whole. Thus, “the geography cannot be ignored completely in delineating the product dimensions of markets. One can consider product substitution apart from geographic substitution, but product substitution must be evaluated in the context of the economic environment of the relevant region”region [...] The product and geographic dimensions of markets are closely related and cannot be considered in isolation”.

5. Leading cases and decisions on the EU:

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5.1. Physical characteristics of the product or service and intended end use:

• Case No. IV/M. 190 - Nestlé/Perrier (Official Journal L 356, 05/12/1992 P. 0001 - 0031)

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• Case 27/76, United Brands Company and United Brands Continentaal BV v Commission of the European Communities. Chiquita Bananas case. (European Court Reports 1978 - 00207)

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5.2. Product prices:

• Case No IV/M 057 - Digital-Kienzle

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• Case No. IV/M053 - Aerospatiale-Alenia/de Havilland

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• Case No COMP/M.2609 – Hewlett Packard / Compaq

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• Case No IV/M.1524 – Airtours /First Choice

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• Case No COMP/M.1663 Alcan/Alusuisse

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