This chapter discusses market studies and market investigations. Market studies and market investigations are tools available to the Competition and Markets Authority (CMA) in the event that a market failure is identified in a specific market. Market studies examine the causes of specific markets not working well for consumers, and make specific proposals for improvement. A market investigation reference is a feature of UK law by virtue of which a market ‘failing’ to operate competitively as a whole may be investigated by the CMA. The CMA has very wide powers to order changes to the way the market operates, or to accept undertakings to remedy defects. No penalties may be imposed for past behaviour, and no rights arise for third parties in relation to conduct found to be in need of change.
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This chapter discusses the application of competition law to mergers, focusing on the UK system. Where a relevant merger situation is created, the Competition and Markets Authority (CMA) has the power to review the merger. Unlike in the EU, notification is not compulsory. The CMA may clear the merger, clear it subject to conditions, or refer it for further consideration to an independent Inquiry Group made up of members of the CMA Panel. The Inquiry Group may clear the merger, clear it subject to conditions, or block it. The test of a merger’s acceptance is that of whether it substantially lessens competition. UK merger decisions may be appealed to the Competition Appeals Tribunal.
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This chapter discusses competition law in the European Union and United Kingdom. ‘Undertakings’ are the sole subjects of the substantive law relating to agreements and the abuse of dominant positions. This is the word used in the Treaty on the Functioning of the European Union (TFEU) and in EU secondary legislation, and has been adopted in the UK Competition Act 1998 (CA). Market integration has been highly influential in the shaping of EU competition policy. UK competition laws are not governed by similar concerns. The role of the European Commission in competition law is fundamental, and the European Courts have contributed to clarifying the interpretation of competition law provisions. In the United Kingdom, the Competition and Markets Authority (and the sectoral regulators) and the Competition Appeals Tribunal are the principal enforcers.
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This chapter deals with the way in which infringements of Articles 101 and 102 TFEU and Chapter I and II Prohibitions of the Competition Act 1998 are investigated and attacked. The European Commission has its own powers to investigate infringements of EU competition law by virtue of Regulation 1/2003. It may cooperate with national competition authorities (NCAs), who also have their own powers by virtue of EU law and their respective national competition laws. NCAs and the European Commission cooperate through the European Competition Network (ECN). The European Commission and the Competition Markets Authority (CMA) may obtain information, or may investigate on-site. The CMA also has criminal jurisdiction in some cases. Undertakings subject to investigation have rights that must be observed.
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This chapter discusses the Competition Act 1998, which serves as a basis for UK competition law. Following an overview of the Competition Act, it considers decisional practice and case law under the so-called Chapter I and Chapter II prohibitions in the Competition Act, which are modelled after Articles 101 and 102 TFEU. It discusses the relationship between EU and domestic competition law, including the important ‘governing principles’ clause in section 60 of the Competition Act, which is intended to achieve consistency with EU law. The chapter contains a table of all the decisions under the Competition Act to have been published on the website of the Competition and Markets Authority (‘the CMA’) since the eighth edition of the book up until 8 December 2017. The chapter concludes with a discussion of the application of the Competition Act in practice and the possible implications of Brexit for UK competition law.
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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 examines the purpose, procedure and outcomes of market studies, including possible outcomes. Market studies sometimes lead to market investigation references, although there are several other possible outcomes of a market study. The chapter describes the making and determination of analyses and the market investigation provisions under Part 4 of the Enterprise Act 2002. 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.
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This chapter provides a brief overview of EU and UK competition law and the institutions involved in formulating, interpreting and applying competition law. It also explains the relationship between EU competition law and the domestic competition laws of the Member States, in particular in the light of Article 3 of Regulation 1/2003. The rules of the European Economic Area are briefly referred to, and the trend on the part of Member States to adopt domestic competition rules modelled on those in the EU is also noted. Three diagrams at the end of the chapter explain the institutional structure of EU and UK competition law.
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This chapter provides a brief overview of EU and UK competition law and the institutions involved in formulating, interpreting and applying competition law in those jurisdictions. It also explains the relationship between EU competition law and the domestic competition laws of the Member States, in particular in the light of Article 3 of Regulation 1/2003. The rules of the European Economic Area are briefly referred to, and the trend on the part of Member States to adopt domestic competition rules modelled on those in the EU is also noted. Three diagrams at the end of the chapter explain the institutional structure of EU and UK competition law.
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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. Having briefly considered public interest cases, enforcement and other supplementary matters, the chapter discusses how the market investigation provisions have been working work 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.
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This chapter describes the substantive provisions of the Competition Act 1998 in the UK. The focus of attention in this chapter is the ‘Chapter I prohibition’, which prohibits anti-competitive agreements, and the ‘Chapter II prohibition’, which prohibits the abuse of a dominant position. The Chapter I and II prohibitions are closely modelled upon Articles 101 and 102 TFEU, although they are by no means identical in every respect. Following an overview of the Competition Act, and the changes introduced as a result of Brexit, it considers in turn the decisional practice and case-law under the Chapter I and Chapter II prohibitions. It then discusses the duty in section 60A of the Competition Act that sets out the principles to be applied in determining questions that arise in relation to competition within the UK with effect from 1 January 2021. The chapter also contains a table of all the decisions under the Competition Act to have been published on the website of the Competition and Markets Authority (CMA) since the ninth edition of the book in December 2017.
