# Commission Implementing Decision (EU) 2016/1804 of 10 October 2016 on the detailed rules for the application of Articles 34 and 35 of Directive 2014/25/EU of the European Parliament and of the Council on procurement by entities operating in the water, energy, transport and postal services sectors (notified under document C(2016) 6351) (Text with EEA relevance), Division 3: Section 3 — The relevant market

Extent: E+W+S+N.I.

A relevant product market comprises all those products and/or services which are regarded as interchangeable or substitutable by the consumer, by reason of their characteristics, their prices and their intended use.
The following factors are normally considered to be relevant to the determination of the relevant product market and should be taken into account in the analysis:
the own- and cross-price elasticities of demand of the relevant products and/or services,
any differences in the end use to which the products are put,
differences in price between two products,
the cost of switching from one product to another, in the case of two potentially competing products,
established or entrenched consumer preferences for one type or category of product,
product classifications (classifications maintained by trade associations, etc.).
The relevant geographical market comprises the area in which the entities concerned are involved in the supply and demand of products or services, in which the conditions of competition are sufficiently homogeneous and which can be distinguished from neighbouring areas because, in particular, conditions of competition are appreciably different in those areas.
Factors relevant to the assessment of the relevant geographical market include:
the nature and characteristics of the products or services concerned,
the existence of barriers to entry,
consumer preferences,
appreciable differences in market shares or substantial price differences between neighbouring areas,
transport costs.

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Source: https://www.legislation.gov.uk/eudn/2016/1804/annex/I/division/3 (the official version)
Page: https://openlegislation.uk/eu-decision-2016-1804/annex-I/division-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

