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<p><OrderedList> <ListItem> <ItemNumber>(a)</ItemNumber> <ItemContent> <p>An undertaking is of paramount significance for competition across markets if it has economies of scale and resources and a central strategic positioning that enable it to exert considerable influence on the business activities of third parties, or to extend its own business activities into ever new markets and sectors. A paramount significance for competition across markets does not require that the activity of the undertaking concerned poses a concrete threat to competition or already impairs it.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>(b)</ItemNumber> <ItemContent> <p>From the (objective) point of view of commercial merchants, the range of services offered by an online marketplace is not interchangeable with brick-and-mortar sales or sales via their own online shop, even with the supplementary use of software tools, product and price comparison services, paid search engine advertising, advertising on social media platforms and search engine optimisation.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>(c)</ItemNumber> <ItemContent> <p>If the demand market concept leads to the clear conclusion that there is no other product comparable to the product offered, the result of a price increase test (SSNIP test or hypothetical monopolist test) cannot justify a different assessment.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>(d)</ItemNumber> <ItemContent> <p>Section 19a(1) Act against Restraints of Competition is a provision of national competition law within the meaning of Art. 1(6) second sentence (b) of Regulation (EU) 2022/1925 (Digital Markets Act).</p> </ItemContent> </ListItem> </OrderedList></p><p>…</p>

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“Amazon”

  • 期刊论文

  • 发表日期：

    2025年3月10日

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摘要

(a)

An undertaking is of paramount significance for competition across markets if it has economies of scale and resources and a central strategic positioning that enable it to exert considerable influence on the business activities of third parties, or to extend its own business activities into ever new markets and sectors. A paramount significance for competition across markets does not require that the activity of the undertaking concerned poses a concrete threat to competition or already impairs it.

(b)

From the (objective) point of view of commercial merchants, the range of services offered by an online marketplace is not interchangeable with brick-and-mortar sales or sales via their own online shop, even with the supplementary use of software tools, product and price comparison services, paid search engine advertising, advertising on social media platforms and search engine optimisation.

 (c)

If the demand market concept leads to the clear conclusion that there is no other product comparable to the product offered, the result of a price increase test (SSNIP test or hypothetical monopolist test) cannot justify a different assessment.

 (d)

Section 19a(1) Act against Restraints of Competition is a provision of national competition law within the meaning of Art. 1(6) second sentence (b) of Regulation (EU) 2022/1925 (Digital Markets Act).

…