Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Related Glossary Terms

CASE STUDY

“It's hard to quantify, right now. But at a guess, I'd say it's probably more than 50% faster, at times. It's literally that quick. We've found to be an essential practical tool. We're very satisfied.”

Walsall Council

Access all documents on Oligopoly

Oligopoly meaning

What does Oligopoly mean?
In legal practice, oligopoly describes a market in which a small number of suppliers or sellers account for most sales, so each firm’s pricing and output decisions are interdependent and competitive pressure is limited. It is an economic, descriptive term rather than a defined concept in UK or Irish legislation or case law, although competition authorities and courts use it when assessing market power, merger control and market investigations. Typical indicators are high concentration, barriers to entry or expansion, transparency that enables parallel conduct, similar products, and repeated interactions that can facilitate tacit coordination. An oligopoly does not, by itself, establish illegality or dominance, but it can support findings of collective dominance or raise risks of coordinated effects in mergers; explicit collusion (cartels) remains prohibited. In the UK, the CMA applies these concepts under the Competition Act 1998 and the Enterprise Act 2002. In Ireland, the CCPC and the courts apply analogous principles under the Competition Act 2002, informed by EU competition law. Usage and legal significance are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Practice Notes about Oligopoly

PRACTICE NOTES
EU Collective Dominance in Oligopolies: Article 102 TFEU and EUMR (ex-post/ex-ante), Airtours Criteria, Co-ordinated Effects and Abuse

Competition concerns arising from collective dominance and oligopolies can be addressed under EU competition law, namely: Article 101 TFEU Article 102 TFEU the EU Merger Regulation (EUMR) This Practice Note examines collective dominance and oligopoly matters outside Article 101 TFEU. The idea of collective dominance has developed through case law under Article 102 TFEU and the EUMR. While the case law indicates the concept is alike under both, there are key differences in the assessment undertaken in each setting. Collective dominance and Article 102 TFEU Article 102 TFEU prohibits abuses by one or more undertakings of a dominant position (see further, The prohibition on abuse of dominance). EU case law confirms Article 102 TFEU also covers abuses where a dominant position is held collectively by several undertakings that may not, individually, be dominant. To establish an abuse of collective dominance contrary to Article 102 TFEU, it must be shown that: a collective position exists between separate...

Read More Right Arrow