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Market Studies
What is a market study?
A market or competition study is an independent, in-depth study by the Commerce Commission into the factors affecting competition for particular goods or services. They look at whether markets are working well for consumers and how they could work better.
Market studies can be formally requested by the Minister of Commerce and Consumer Affairs or self-initiated by the Commission.
Market study factors that the Commerce Commission assess include:
Market concentration
Conditions for entry and exit
Cost structures
Degree of differentiation in products or offerings
Availability of substitutes
Search and switching costs
Applicable laws and regulation
Market growth and technological development
Consumer and business behaviour
Access to information
Expertise
Expert legal counsel is prudent for any party advocating for or taking part in a market study.
Market studies can result in policy recommendations regarding industry regulation. They can also trigger Commerce Act investigations into anti-competitive conduct.
Market Studies Resources
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Anna Ryan is a specialist NZ competition barrister delivering expert advice and advocacy in competition, consumer and commercial law.