The last couple of weeks have seen proposals for far reaching changes to competition law enforcement in Europe. They include a new market investigation tool to enforce more competition even where there is no merger proposal or infringement, measures to reestablish the level playing field where foreign subsidies may distort EU markets.

Last week's consultation on the market definition notice is different. It seems to aim for evolution, rather than revolution. Of course, market definition is determined by mature economic theory and precedent that the Commission cannot change radically in a notice.

But there are many topics that are not fully settled and that have profound consequences for enforcement. How should we define markets and assess market power for multi-sided platforms? What is the approach to innovation markets? How do we define markets where consumers are paying with data and are there markets for data? How can we take positions on export markets into account to assess competition in the EU?

The consultation will provide interested stakeholders with a forum to express views. Assuming that these views will be as diverse as the interests behind them is a safe bet. What may seem as a technical area is directly linked to enforcement, and should feed a highly controversial debate. This is already starting now as working groups are formed and position papers drafted.

The Commission will publish these views early next year. Whether it will tackle highly controversial questions is an entirely different question. The approach here is often to wait for practice to develop before taking a view in a notice.