All NotesCorporate LawCompetition Act, 2002

Competition Act, 2002

Relevant Product Market and Relevant Geographic Market Compared

A relevant market has two dimensions, and Section 2(r) provides that the Commission may determine it by reference to the product market, the geographic market, or both. The product dimension asks what a buyer would switch to; the geographic dimension asks where it could switch. Both are tested by substitution, and both are established through the factors the Act supplies, in Section 19(7) for products and Section 19(6) for geography. Getting either wrong changes every conclusion that follows, because market share, dominance and foreclosure are all measured inside the market as defined.

1. The Definitions

  • Relevant product market, Section 2(t). All those products or services which are regarded as interchangeable or substitutable by the consumer, by reason of characteristics of the products or services, their prices and intended use; and, after the amendment of 2023, those whose production or supply are regarded as interchangeable or substitutable by the supplier.
  • Relevant geographic market, Section 2(s). The area in which the conditions of competition for supply of goods or provision of services or demand of goods or services are distinctly homogeneous and can be distinguished from the conditions prevailing in neighbouring areas.

2. The Comparison

Basis

Product market

Geographic market

Question asked

What would the buyer switch to?

Where could the buyer go, or from where could supply come?

Test

Interchangeability by characteristics, price and intended use, and now also from the supplier's side

Homogeneity of the conditions of competition, distinguishable from neighbouring areas

Statutory factors

Section 19(7)

Section 19(6)

Typical determinants

Physical characteristics, end use, price, consumer preferences, specialised producers, classification

Transport costs, regulatory barriers, local specifications, procurement policies, distribution facilities, language, need for rapid after-sales service

Effect of a narrow definition

Fewer products in the market, so a higher share for the enterprise

A smaller area, so again a higher share

Where it usually bites

Aftermarkets, branded goods, digital functionalities, and premium against standard segments

Cement and bulk goods, media in different languages, services requiring physical presence, and regulated sectors

3. The Factors Applied

  1. Product: characteristics and end use. The starting point. Products doing the same job for the buyer are candidates; products that look alike but serve different purposes are not.
  2. Product: price. A large and stable price difference usually indicates that buyers do not treat two products as substitutes, since arbitrage would otherwise close the gap.
  3. Product: specialised producers and in-house production. The presence of producers serving only one class of customer marks a boundary, and production consumed internally is generally excluded from the measurement of the market.
  4. Geography: transport cost. The classic determinant. Where transport is a large share of delivered cost, markets are regional even though the product is identical everywhere.
  5. Geography: regulation and specification. Approvals, licences and local standards prevent a product qualified in one area from being sold in another; procurement policies confining supply to domestic or local sources have the same effect.
  6. Geography: language and preference. Decisive in media and broadcasting, where content in one language is no substitute for the same content in another, as the Supreme Court accepted in Competition Commission of India v. Coordination Committee of Artists and Technicians of W.B. Film and Television, (2017) 5 SCC 17.
  7. Geography: service requirements. Where the buyer needs rapid after-sales service or assured regular supply, a distant supplier is not an alternative.

4. How the Two Interact

They are not independent. A product that is substitutable in one place may not be in another, because the conditions of competition differ: an imported substitute available at a port is no substitute inland if transport costs exceed the price difference. Conversely a geographic market may be wide for one product and narrow for another supplied by the same enterprise. That is why Section 19(5) requires the Commission to have due regard to the relevant geographic market and the relevant product market in determining the relevant market, and why the two must be defined together rather than in sequence.

⚠ Where the argument usually goes

The informant argues for the narrowest defensible market on both dimensions, because a narrow market means a high share and an easier case on dominance or foreclosure. The enterprise argues for the widest, drawing in every product with a broadly similar function and every area from which supply might come. Since the statutory factors are qualitative, both arguments are usually available on the material, and the quality of the reasoning on this issue decides more cases than the law on the substantive provision. Where more than one definition is arguable, the safer course, which the Commission itself often adopts, is to show that the conclusion holds on either.

5. Related Topics and Provisions

Topic or provision

Connection

The Relevant Market

The concept in full, including the SSNIP test and digital markets

Important Definitions under Section 2

Sections 2(r), 2(s) and 2(t)

Dominant Position: Section 4

Dominance is assessed within the market as defined

Sections 19(5), 19(6) and 19(7), Competition Act, 2002

The statutory factors