Antitrust law
How competition authorities can use market studies to proactively identify structural barriers hindering effective market contestability.
Market studies provide regulators with a proactive lens to uncover hidden frictions, enabling assessment of how structural factors impede contestability and restrict effective competition for new entrants and existing players alike.
X Linkedin Facebook Reddit Email Bluesky
Published by Joseph Perry
August 08, 2025 - 3 min Read
When competition authorities design market studies, they begin by articulating the problem from the perspective of contestability. Rather than waiting for a complaint or a merger to reveal a concern, a structured inquiry maps the architecture of the market, including who controls essential inputs, who bears the risks of price and quality, and how barriers evolve as technology shifts. This approach requires cross‑sector data, stakeholder interviews, and a clear theory of harm that ties observed constraints to potential consumer welfare outcomes. By identifying structural choke points early, authorities can prioritize investigations, tailor remedies to unlock entry, and deter stabilizing practices that cement incumbent dominance over time.
A well‑designed market study selects benchmarks that reflect competitive potential rather than historical performance alone. Analysts trace the flow of information, the accessibility of distribution channels, and the degree of standardization across products and services. They examine whether incumbents possess exclusive control over essential facilities, whether switching costs lock customers in, and how regulatory gaps or uneven enforcement alter incentives to innovate. The value lies not merely in cataloging impediments but in translating those impediments into actionable reform ideas. When authorities publish findings with transparent methodology, they invite credible scrutiny and foster collaboration among stakeholders who can contribute to durable, pro‑competitive reforms.
Market studies illuminate where regulatory gaps hinder competitive entry.
In practice, market studies blend qualitative insights with quantitative indicators to illuminate structural weaknesses. Researchers conduct interviews with suppliers, distributors, and customers to capture tacit knowledge about market access and trust. They supplement these narratives with data on prices, entry rates, and product differentiation. The aim is to distinguish temporary frictions from durable barriers that deter new entrants. By triangulating sources, analysts can identify recurring motifs—such as exclusive contracts, control over critical data, or opaque standards—that consistently hinder contestability. Documenting these motifs creates a persuasive evidence base for policy action that improves transparency and reduces the shadow of incumbency.
ADVERTISEMENT
ADVERTISEMENT
Beyond identifying barriers, market studies probe the policy environment that sustains them. This includes assessing licensing regimes, spectrum allocation, or procurement rules that inadvertently privilege established players. The study also tests whether competition law enforcement exercises deterrence or merely responds after harm has occurred. Importantly, it considers transnational dynamics, such as cross‑border practice or platform effects that amplify market power despite domestic competition statutes. The resulting recommendations can range from targeted remedies, like interim access obligations, to longer‑term structural reforms that realign incentives and lower the costs of contesting markets for new entrants and small firms.
Market studies identify structural choke points with precision.
As market studies progress, researchers identify the precise regulatory gaps that translate into practical roadblocks. They evaluate whether regulators possess adequate information, sufficient enforcement resources, or timely powers to intervene. The analysis often reveals mismatch between regulatory goals and on‑the‑ground realities, such as delayed data access, fragmented oversight across agencies, or ambiguous rules that create strategic ambiguity for firms. When gaps are exposed, authorities can design phased interventions that build institutional capacity, align regulatory signals with competitive objectives, and establish clear timelines for reforms. The overarching objective is to create a resilient framework that sustains competition even as markets evolve.
ADVERTISEMENT
ADVERTISEMENT
A crucial byproduct of this work is stakeholder credibility. When market studies are conducted with broad consultation, the outputs carry legitimacy beyond a narrow expert circle. Regulators invite feedback from competitors, consumer groups, and a representative set of users, ensuring that the proposed remedies are feasible and proportionate. This collaborative tone does not diminish the regulator’s decisional authority; rather, it enhances it by reducing the risk of political pushback and improving practical feasibility. The dissemination phase should feature plain language summaries, accessible data repositories, and rebuttable hypotheses that invite ongoing learning and adjustment.
Market studies inform durable, flexible reform agendas.
Detailing structural choke points requires moving from symptoms to causes. Analysts look at whether essential inputs—like technology platforms, energy suppliers, or data ecosystems—are overwhelmingly controlled by a few actors. They examine the arrangement of vertical relationships, the pricing and access terms, and the speed at which new technologies can be integrated into existing supply chains. The goal is to reveal how certain configurations create durable barriers that deter contestability even when consumer demand remains strong. By isolating these factors, authorities can craft remedies that address root causes rather than merely treating the symptoms of market power.
An emphasis on longitudinal perspective helps distinguish durable barriers from cyclical shocks. Researchers compare market conditions across time, industries, and regulatory cycles to detect whether improvements in contestability persist or fade. They assess the durability of contracts, the stickiness of customer loyalties, and the persistence of exclusive licensing. The longitudinal approach also uncovers whether formal rules are masking informal practices that impede entry. With this richer tapestry of evidence, policymakers can design remedies that endure across economic cycles, reducing the need for repeated interventions while maintaining vigilance against regressive dynamics.
ADVERTISEMENT
ADVERTISEMENT
The end goal is resilient, contestable markets for all participants.
The practical output of market studies is a reform roadmap that balances ambition with political feasibility. Authorities translate findings into concrete policy actions such as decoupling critical facilities, mandating interoperability standards, or reforming procurement processes to widen supplier choices. They may propose sunset clauses for temporary relief paired with robust sunset evaluations to ensure that interventions do not outlive their necessity. Flexible remedies, including performance benchmarks and periodic reviews, help adapt to evolving technologies and market structures. The emphasis remains on restoring competitive pressures while safeguarding consumer interests and stability in essential services.
To sustain momentum, authorities couple reforms with monitoring mechanisms. Regular market health checks, independent audits, and public dashboards track progress toward contestability goals. These tools enable early warning about regression or new barriers, allowing timely recalibration. Additionally, authorities educate firms and the public about rights and responsibilities under the changing regime, fostering a culture of compliance and collaboration. A transparent feedback loop ensures that interventions remain proportionate, effective, and anchored in real market experience rather than theoretical models alone.
Ultimately, the systematic use of market studies creates a proactive enforcement culture. Instead of responding to crises, competition authorities anticipate frictions that silently degrade contestability and address them before harm accrues. The process reinforces the idea that regulation should enable voluntary, competitive behavior rather than mandate heavy-handed intervention in every transaction. By focusing on structural determinants, agencies can shape markets where entry is feasible, pricing remains fair, and product quality improves due to genuine competitive pressure. Over time, this approach nurtures innovative ecosystems that benefit consumers, businesses, and the broader economy.
The enduring value of market studies lies in their adaptability and evidence depth. As markets migrate toward digital platforms, rapid data collection, and complex value chains, ongoing research becomes essential. The disciplined method of mapping inputs, flows, and constraints translates across sectors, ensuring that contestability remains a moving target rather than a static aspiration. Regulators, scholars, and industry participants together can sustain a shared understanding of barriers and the means to dismantle them, reinforcing the premise that competition—when properly fostered—delivers broad public benefit.
Related Articles
Antitrust law
This evergreen guide outlines practical, evidence-based methods for antitrust authorities to detect and dismantle collusive bidding schemes in public procurement, offering tools, case insights, and procedural tips that adapt across industries and jurisdictions.
July 16, 2025
Antitrust law
When dawn raids loom, preparation matters as much as reaction; clear procedures, trusted counsel, and disciplined information handling reinforce confidentiality, preserve rights, and minimize disruption to ongoing business operations.
August 07, 2025
Antitrust law
Establish robust screening frameworks that identify risks linked to third party interactions and trade association activities, integrate compliance training, leverage technology, and foster continuous improvement through audits and board-level oversight.
August 09, 2025
Antitrust law
This evergreen guide explains practical approaches for designing reseller and territory agreements that minimize antitrust risk by promoting competition, clarity, and compliant behavior across distribution networks.
August 12, 2025
Antitrust law
A practical, evergreen guide for small enterprises to recognize local anticompetitive behavior, document evidence, pursue peaceful remedies, and safeguard market opportunities without turning to expensive courtroom battles.
August 08, 2025
Antitrust law
This article examines practical, evergreen methods to judge market power in fragmented sectors, where independent firms might collaborate informally, complicating traditional analyses and requiring nuanced, risk-aware approaches.
July 21, 2025
Antitrust law
In digital ecosystems, defining the relevant market requires attention to dynamic boundaries, evolving substitutes, and network effects that blur traditional category lines while reshaping competitive constraints and consumer welfare.
July 16, 2025
Antitrust law
In times of privatization and sector liberalization, antitrust authorities face a delicate balancing act: preserving competition, safeguarding consumer welfare, and ensuring fair outcomes for workers, small firms, and public stakeholders in evolving markets.
July 23, 2025
Antitrust law
Navigating regulated markets requires careful compliance to prevent unintended anticompetitive conduct, including fair pricing, information sharing limits, competitive bidding ethics, and transparent collaboration with peers and regulators.
July 16, 2025
Antitrust law
This article explores adaptive enforcement strategies for antitrust authorities confronting platform-driven markets, where data control, network effects, and multi-sided dynamics reshape competition, consumer choice, and regulatory responsiveness in contemporary economies.
July 26, 2025
Antitrust law
In modern digital markets, crafting remedies to platform monopolies requires balancing competitive restoration with uninterrupted consumer access, ensuring governance, transparency, and adaptability across evolving technologies and user needs.
July 25, 2025
Antitrust law
This guide outlines practical criteria for assessing information sharing among rivals, distinguishing lawful collaboration from illegal coordination, and explaining how courts apply competition law tests to interpret exchanges.
July 30, 2025