Why Private Enforcement should be Reformed alongside Public Enforcement

May 3, 2011
(by Morten Hviid) Apart from a few words in the foreword by Vince Cable and four paragraphs in chapter 5, private enforcement is not mentioned at all in the UK consultation on reform of the competition regime. According to his foreword, the minister is keen to promote private-sector challenges to anti competitive behaviour, but says he will bring separate proposals in due course. So it may seem odd to comment on something which is almost not there.  However, by sidelining the discussion of private enforcement, I think the consultation is missing a trick – private enforcement is not a separable complement to public enforcement. Read the rest of this entry »