Marktüberwachungsmaßnahmen

Marktüberwachung, or market surveillance in English, refers to the activities and authorities responsible for monitoring markets to ensure fair competition, consumer protection, product safety, and the integrity of financial markets. It covers several domains, including the surveillance of consumer goods and advertising for compliance with safety and labeling rules, monitoring of price practices, and the prevention of market abuse and unfair competition. In financial markets, market surveillance aims to detect manipulation, insider trading, and other conduct that could threaten market integrity or stability.

Typical functions include data collection and analysis, on-site inspections and audits, product testing and recalls, monitoring price developments and advertising, and enforcing corrective measures or penalties when violations occur. Market surveillance often operates across sectors and jurisdictions, requiring cooperation among national authorities, consumer protection agencies, competition authorities, and, in the European Union, EU-wide bodies and networks.

In the European Union, market surveillance authorities across member states operate under a common framework, with specific rules for products under Regulation (EU) 2019/1020 on market surveillance and compliance of products. Financial market surveillance is conducted by national regulators, such as BaFin in Germany, and coordinated through EU structures to address cross-border market abuse and ensure market integrity. In Germany, the term Marktüberwachung is frequently used for consumer and product-market oversight by state authorities, while financial markets fall under BaFin and competition protection under the Bundeskartellamt.

Challenges include rapid growth of digital and cross-border markets, data privacy considerations, and the need for real-time monitoring using advanced analytics.