An Argument Against a Specific Statutory Passing On Defence in Private Enforcement

July 3, 2012

(by Duncan Sheehan) One of the issues raised in the BIS consultation on private actions in competition law, is whether legislation should directly address a passing on defence. My controversial claim is that there is no defence in English competition law of passing on, and there should be no defence of passing on either. The law already deals with the problem by other means. Read the rest of this entry »