Market surveillance is an in-depth analysis of the competitive situation in a particular market using both publicly available information and company data.
In majority of the EU countries, the most important tool for detecting prohibited agreement violations is leniency programme reports: companies report their participation in the cartel and receive an exemption from fines. While Latvian companies are inert in use of this opportunity, market surveillance, although takes time and resources, is an indispensable tool for detecting signs of violations of the agreement ban. The Competition Council pays particular attention directly to the control of sectors and markets relevant to consumers.
Consequences of surveillance
- If signs of violation of the Competition Law or the Unfair Retail Trade Practices Prohibition Law are detected, the Competition Council shall initiate a case and conduct an investigation.
- If it is found that the successful development of competition in the industry is hampered by laws and regulations, the Competition Council shall develop and submit to the responsible institutions of the industry proposals for the necessary amendments to the laws and regulations in order to improve the competition situation.
- The surveillance findings are made public on the Competition Council's website, unless prevented by restrictions on the availability of information and the information on the market obtained in addition to the detection or non-detection of the infringement is considered relevant.
Surveillance procedure and rights of the Competition Council
- Information is requested from companies and institutions in a particular sector that regulate or are related to the relevant market and its participants.
- Employees of the Competition Council analyze the information received using both economic and legal methods of analysis.
- When conducting market surveillance, the Competition Council has the same rights as when investigating violations of the Competition Law.