Competitive constraints vs competition constraints

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  • NRAs might not be able to find the abovementioned competitive constraints across the entire defined market.
  • The Commission may consider that effective competitive constraints are absent even if some actual or potential competition remains.
  • The Commission's analysis of the five potential competitive constraints mentioned in recital 57 above will not change this conclusion.
  • It is when competitive constraints are insufficient to maintain prices and output at competitive levels that undertakings have market power within the meaning of Article 53(1).
  • Therefore, the relatively low average number of bidders participating in the final round thus does not accurately reflect the competitive constraints exercised by other bidders which could potentially bid and which often participated in earlier rounds of the tenders.
  • The Commission further established who the vendors of FMS and HR high
  • function software are. Those suppliers form the competitive constraints for a combined Oracle/PeopleSoft in the markets at stake.
  • Ryanair puts forward that in particular on the predominantly leisure routes, charter airlines provide significant competitive constraints to the services of the parties.

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