This presentation by L. Pinheiro, A.C. Faye, M. Ginn, J. Lehmann and J. Posch (Analysis Group) summarises the key findings of their research paper on the Analysis of Market Definition and Competitive Effects submitted to the OECD project on Gender inclusive competition policy. It was delivered during a workshop held virtually on 7 October 2021. More materials on the topic can be found at http://oe.cd/gicp. This presentation was uploaded with the authors’ consent.

1. Gender inclusive
competition policy
oe.cd/gicp
Project #2
Gender Considerations in the Analysis
of Market Definition and Competitive
Effects: A Practical Framework and
Illustrative Example
By L. Pinheiro, A.C. Faye, M. Ginn,
J. Lehmann and J. Posch

2. We propose a practical framework for how gender-based considerations could be investigated
in the early stages of analyses of market definition and potential competitive effects.
We outline:
(i) supply- and demand-side factors that could be considered in initial tests of the potential
impact of gender on competitive analysis, and
(ii) sources of data and other evidence that could be used to evaluate these factors.
Using publicly available data collected from an online retailer, we apply this framework to an
illustrative example of a hypothetical merger between two consumer product firms and show
how the potential impact of gender-based considerations could be assessed in preliminary
competition analysis.
We provide recommendations for future work.
About the project

3. Potential framework for incorporating a gender lens to analysis of competition:
Supply-side and demand-side factors

4. Potential framework for incorporating a gender lens to analysis of competition:
Data sources and other evidence to consider

5. Application of framework to illustrative hypothetical merger

6. Recommendations to competition agencies
1. The proposed framework could be relevant for competition agencies in
their advocacy and compliance activities, in addition to their enforcement
activities.
2. The proposed framework could be extended to investigations of the
impact of competition enforcement on any distinct consumer groups (e.g.,
race, ethnicity, income level, mental or physical disabilities).
3. Competition agencies could explore whether and/or how current metrics
and thresholds used to evaluate potential anticompetitive effects should
be adjusted, if at all, in view of gender or other aspects of people’s identity
that may affect market dynamics.

7. 1. The proposed framework may be relevant in other contexts (e.g., labour
markets).
Across many jurisdictions, there has been growing interest in evaluating how competition
might affect labour market inequalities, both along gender and racial lines. Supply- and
demand-side factors in product markets have natural counterparts in labour markets. For
example, investigations of supply-side sales channels in the product market are analogous to
recruiting or job application channels in the labour market.
2. The proposed framework may be relevant in other analyses (e.g.,
estimation of damages in cartel cases).
Beyond merger analysis, the framework outlined could be applied to other antitrust analyses,
such as the estimation of damages in cartel cases. Gender, to the extent that it affects
demand- and supply-side behaviours, may be a factor that leads to variations in injury and
damages across a proposed class of consumers.
Recommendations for future work

8. About the authors
Lisa Pinheiro
Managing Principle
Analysis Group
Bio Lisa Pinheiro
Jee-Yeon Lehmann
Vice President
Analysis Group
Bio Jee-Yeon Lehmann
Anne Catherine Faye
Vice President
Analysis Group
Bio Anne Catherine Faye

9. About the authors
Johanna Posch
Associate
Analysis Group London
Research field: Application of microeconomics, econometrics
and statistical methods to complex litigation, antitrust
investigations and merger reviews.
Johanna Posch
Marissa Ginn
Vice President
Analysis Group
Bio Marissa Ginn

10. Gender inclusive
competition policy
Read Paper #2 at bit.ly/2Yg3Xsz
oe.cd/gicp