CYPRUS Law and Practice Contributed by: Marios Pelides and Dominique Pelides, Georgiades & Pelides
Other Markets Likely to Be Significantly Affected by the Concentration Markets which may be classed as such include, but are not limited to, the following. • Markets where any party has a market share exceeding 25% and another party is a poten - tial competitor in the same market. The term “potential competitor” is construed relatively narrowly and will only extend to parties that plan to enter the relevant market or have developed or pursued plans to do so within the last three years. • Markets where any party has a market share exceeding 25% and another party holds significant intellectual property rights in the same market. • Any of the parties are engaged in business activities on closely related neighbouring mar - kets, and their individual or combined market share in any of those markets is at least 25%. Product markets will be classed as closely related neighbouring markets where the products concerned are complementary to each other, or where they belong to a range of products that are generally purchased by the same consumer group(s) for the same final use(s). 4.3 Reliance on Case Law In examining definitions of relevant product and/ or geographic markets, as well as in reaching its decision more generally, the CPC will have regard to (and will, in most cases, attempt to be consistent with) its own past practice. It will also have regard to decisions of the EC and the European Court of Justice, as well as decisions of other member-state competition authorities (notably, Greece).
undertakings involved in the concentration. Con - ditions of competition in the relevant geographic market should be sufficiently homogenous, and the relevant geographic market should be distin - guishable from neighbouring geographic areas (particularly on the basis that there are different conditions of competition in such neighbouring areas). In determining the relevant geographic market, parties should particularly take into account the following: • the nature and characteristics of the relevant products and/or services; • the existence of barriers to entry; • consumer preferences; • differences in the participants’ market shares compared to neighbouring geographic areas; and Relevant product and/or geographic markets (and plausible alternative product and geo - graphic markets) will be classed as affected markets where they are within the Republic of Cyprus and either (i) two or more of the parties are engaged in business activities in the same relevant market which afford them a combined market share of at least 15%; or (ii) a party is engaged in business activities in a relevant mar - ket which is downstream or upstream to anoth - er relevant market on which a different party is engaged in business activities, provided that: • any party has a market share of at least 25% on any relevant market; or • the combined market share of both parties comes to at least 25%. • price differences. Affected Markets
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