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Market Investigations

Market Investigations

The European Commission and regulators in EU Member States have market investigative powers to conduct a public investigation whenever there are reasonable grounds to suspect that competition is distorted or restricted in a certain market.

Our team of antitrust lawyers has extensive experience advising companies how to navigate through complex sector-specific inquiries at both the EU and national level.

Although market investigations can focus on a particular industry practice, most inquiries involve a broader assessment of whether competition is functioning effectively in a particular market. Such inquiries usually last more than a year, and targeted companies are often required to submit large amounts of information. The aspects examined in market investigations typically include how competition in oligopolistic markets can be expected to evolve, how prices and profits have moved over time and whether the industry in question is meeting the needs of its customers. Economic analysis is an essential component in market investigations as it provides insights into how competitive markets should be expected to work and which remedies are most appropriate to achieve more competitive outcomes.

Featured Matters

  • BMI Healthcare, the UK’s leading private healthcare company, in connection with the UK Competition Commission’s investigation of the market for privately funded healthcare services, following a reference by the UK Office of Fair Trading.
  • Citigroup in connection with the UK Office of Fair Trading’s investigation of the UK equity underwriting market. The UK Office of Fair Trading ultimately decided that it would not make a reference to the UK Competition Commission.
  • Paramount Pictures Corp. in connection with the UK Competition Commission’s investigation of the market for movies on pay-TV.
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