UDC 347.733:346.546:001.6
Biblid: 1451-3188, 11 (2012)
Vol. 12, No 42, pp. 139-152
DOI:

Оriginal article
Received: 01 Jan 1970
Accepted: 01 Jan 1970

DEFINISANjE TESTA PRETPOSTAVLjENOG MONOPOLISTE U PRAVU KONKURENCIJE EVROPSKE UNIJE

Rakić Ivana (Институт за упоредно право, Београд), ivanarakic12@gmail.com

The article deals with the definition of the hypothetical monopolist test (SSNIP test) under the EU Commission Notice on the definition of relevant market, and with the comparison of this definition and the definition of the SSNIP test in US competition law. The EU test for determination of relevant market is whether a small, but significant and non-transitory increase in price (5-10%) would be profitable, i.e. would it cause a net increase in profit (break-even version of the test). The author asks should the test relate to whether the profit-maximizing price increase for a hypothetical monopolist would be at least 5% (profit-maximizing version). The author concludes that there is a difference between these two tests which can cause some problems in competition protection cases in EU law. The author analyses situations in which relevant market defined according to the break-even version is narrower than it is under the profit-maximizing version. It is also explained under which circumstances defined relevant market is broader than it is under the test applied in US law.

Keywords: Hypothetical monopolist test, SSNIP test, relevant market, competition law