Market power assessment is central to competition law because it helps determine whether a firm can act independently of competitive pressures, customers, or suppliers. Its findings often shape the legality of mergers, pricing practices, exclusivity arrangements, and other commercial conduct. A sound assessment extends beyond market share alone. It requires careful analysis of relevant markets, … Read more
Market entry barriers shape whether new firms can compete effectively or whether established businesses retain market power. In competition law, their presence may explain persistent concentration, higher prices, reduced innovation, and fewer choices for consumers. These barriers can arise from legitimate commercial advantages, regulatory frameworks, intellectual property rights, or incumbent conduct. Distinguishing lawful competition from … Read more
Market foreclosure tactics arise when a firm uses commercial arrangements or pricing strategies to restrict rivals’ ability to compete effectively. Although such conduct may sometimes reflect legitimate competition, it can also weaken market access, choice, and innovation. Under competition law, practices such as exclusive dealing, tying, predatory pricing, and denial of access require careful assessment … Read more
Refusal to supply cases occupy a central place in competition law because a dominant undertaking’s decision to withhold goods, services, or access may reshape market opportunities for rivals and consumers. Although firms are generally free to choose their trading partners, that freedom is not absolute. Refusal to supply cases examine when denying an indispensable input … Read more
Predatory pricing strategies occupy a sensitive position in competition law because aggressive price reductions can benefit consumers while potentially eliminating rivals. The legal challenge is distinguishing legitimate competition from conduct designed to weaken competition and later recoup losses through higher prices. Assessing predatory pricing requires careful analysis of costs, market power, commercial intent, and barriers … Read more
Exclusive dealing practices arise when a business requires or incentivises customers, distributors, or suppliers to trade exclusively, or predominantly, with it. Such arrangements can support efficient distribution and investment, yet they may also restrict competitive access to important markets. In competition law, the legality of exclusivity depends on its practical market effects rather than its … Read more
Horizontal agreements arise when competitors coordinate their commercial conduct rather than competing independently. In competition law, such arrangements may distort market forces, increase prices, restrict choice, or weaken incentives for innovation. Although cooperation between competitors can sometimes generate legitimate efficiencies, certain Horizontal agreements attract particular scrutiny. Price fixing, market allocation, bid rigging, and output restrictions … Read more
Vertical restraints are agreements between businesses operating at different levels of a supply chain, such as manufacturers, wholesalers, and retailers. They shape how products are priced, marketed, and distributed, making them a central concern in competition law. Although vertical restraints may improve distribution efficiency and service quality, they can also restrict competitive pressure. Their legality … Read more
Cartels often operate in secrecy, distorting prices, restricting competition, and harming consumers. Leniency programs in antitrust are therefore a central enforcement tool, creating incentives for participants to disclose unlawful coordination before authorities uncover it independently. By offering immunity or reduced penalties to qualifying applicants, competition authorities can destabilise cartel arrangements and obtain crucial evidence. These … Read more
Cartel investigations sit at the centre of competition law enforcement because secret coordination between competitors can distort prices, restrict choice, and undermine fair market conditions. Authorities therefore treat suspected collusion as a serious threat to consumers, businesses, and public procurement. Whether allegations concern price fixing, market sharing, bid rigging, or output restrictions, cartel investigations can … Read more