In recent years, several European countries have expanded the toolbox of their national competition authorities by introducing so-called new competition tools (NCTs), also known as market investigation powers.

NCTs allow competition authorities to intervene in markets without establishing an infringement of antitrust rules. They enable authorities to address structural or systemic competition problems by imposing remedies on, or accepting binding commitments by, companies.

Cullen International’s benchmark, covering 31 European countries, shows that:
 

• seven countries have adopted an NCT; and
• several other countries are expected to follow, though currently only one has pending draft legislation for the adoption of an NCT.

The benchmark also compares the national rules for NCTs, including:

• the relevant substantive test for intervention;
• the types of remedies that can be imposed; and
• whether there are special rules or arrangements for regulated sectors.

Scope
Region: Europe
Countries covered: 31 (EU-27 + Norway, Serbia, Switzerland and UK)
Policy area: Competition
Last updated: March 2026

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