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The Use of Divestiture Remedies in UK Market Investigations: What Can Be Learnt From the BAA Saga


Since the introduction of the Enterprise Act 2002 (the “EA02”) in 2003, the UK’s Competition Commission (the “CC”) has had the power to impose remedies where, following a reference from the Office of Fair Trading (the “OFT”), it concludes that features (or the combination of features) of a market give rise to adverse effects on competition. The so-called “market investigation” regime is not aimed at controlling illegal agreements or abuse of dominance under Articles 101 and 102 TFEU (and the UK equivalents) but rather enables the CC, on a reference from the OFT,60 to examine whether competition is weak or ineffectual in particular markets.