Market Investigations - A New Competition Tool for Europe?

SCHWEITZER Heike , MOTTA Massimo , PEITZ Martin

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Summary

In many economic sectors – the digital industries being first and foremost – the market power of dominant firms has been steadily increasing and is rarely challenged by competitors. Existing competition laws and regulations have been unable to make markets more contestable. The book argues that a new competition tool is needed: market investigations. This tool allows authorities to intervene in markets which do not function as they should, due to market features such as network effects, scale economies, switching costs, and behavioural biases. The book explains the role of market investigations, assesses their use in the few jurisdictions where they exist, and discusses how they should be designed. In so doing, it provides an invaluable and timely instrument to both practitioners and academics.


  • Provides a unique treatment of market investigations, integrating economic, legal, and institutional considerations
  • Informs the current debate on the necessary tools to deal with increasing concentration and market power in developed economies
  • Contains both a theoretical discussion of market investigations and an assessment of this instrument as used in some jurisdictions

Table of contents

1. Market investigations in the EU: A road map Massimo Motta, Martin Peitz, and Heike Schweitzer
2. Intervention triggers and underlying theories of harm Massimo Motta and Martin Peitz
3. A European market investigation: Institutional set up and procedural design Heike Schweitzer
4. The integration of wide and narrow market investigations in EU economic law Pierre Larouch and Alexandre de Streel
5. Market investigations in the UK and beyond Richard Whish
6. Market inquiries in South Africa: Meeting big expectations? Trembinkosi Bonakele, Reena das Nair, and Simon Roberts
7. An Economic evaluation of the EC's proposed “New competition tool” Gregory Crawford, Patrick Rey, and Monika Schnitzer
8. Market investigations for digital platforms: Panacea or complement? Amelia Fletcher