Cloud services: market reflection and a growth story

In 2023, the CMA commenced a market investigation into the cloud services market following a market study by Ofcom that identified initial concerns. The UK cloud services market is growing as new customers enter the market, and existing customers increase workloads. In a growing market, competition concerns could either be resolved as the market grows, or become more entrenched. Intervention may only be required if new demand is not sufficiently contestable to drive competition. The question is therefore, how can a competition authority effectively address competition concerns within a growing market? From an economic and legal perspective, this article examines each of the CMA’s theories of harms through the lens of a nascent market; it highlights the difference in responses of companies and notes the CMA’s emerging findings. It concludes that the CMA’s market investigation, and any possible remedies, should consider the nascency of the market and inputs from market participants, to ensure that intervention, if required, does not stifle current competition for new demand.