Framework for the Competition Commission’s assessment and revised theories of harm
Deloitte’s response to the Competition Commission’s working paper
Deloitte sets out its views on the revised theories of harm and related considerations, notably regarding:
- The three key features of the market identified by the CC, plus discussion of additional features that Deloitte believes should be taken into account
- The first theory of harm, ‘market structure and customer behaviour’
- The second theory of harm, ‘principal/agent issues’
- Potential adverse outcomes cited in the working paper
In taking such a theoretical approach, Deloitte finds that the CC’s working paper appears to omit the assessment of a large amount of relevant evidence that has been put to the CC, and which shows that the conceptual issues raised in the working paper do not lead to an adverse effect on Competition in practice.