p. 49811. Enterprise Act 2002: market studies and market investigations
- Richard WhishRichard WhishEmeritus Professor of Law at King’s College London
- , and David BaileyDavid BaileyProfessor of Practice in Competition Law at King’s College London
Abstract
This chapter describes the UK system of market studies and market investigation references. It begins by describing the CMA’s ‘general function’ of gathering information about markets, followed by an explanation of what is meant by a ‘super-complaint’. It then examines the purpose, procedure and outcomes of market studies, including the various outcomes that are possible. Market studies sometimes lead to market investigation references, though, as explained later, there are several other possible outcomes of a market study. The chapter describes the making and determination of analyses the market investigation provisions references under Part 4 in of the Enterprise Act 2002. The Enterprise Act was amended by the Enterprise and Regulatory Reform Act 2013 and the Digital Markets, Competition and Consumers Act 2024, and the text that follows incorporates those amendments. Having briefly considered public interest cases, enforcement and other supplementary matters, the chapter discusses how the market investigation provisions have been working in practice. The final section of the chapter briefly refers to the enforcement and review of undertakings and orders still in force under the monopoly provisions in the former Fair Trading Act 1973.
