OFT view on private enforcement of competition law

OFT discussion paper (62 pages, PDF) on issues related to private actions to enforce competition law.

Practical suggestions include the development of a pre-action protocol specific to competition claims, and the establishment of a competition ombudsman modelled on the Financial Services Ombudsman to help parties find settlements or to make non-binding recommendations (including on compensation) to resolve disputes.

In the context of cartel damages, the OFT draws on its response to the DG Competition consultation. It suggests that leniency documents should never be eligible for disclosure to damage claimants, and proposes rules to rebalance contributions to joint and several damages awards in favour of leniency applicants. It also puts forward its settlement with independent schools (lower fines in exchange for funding a new charitable trust and not disputing the OFT's findings) as a possible model for providing compensation through public enforcement.

Comments are invited by Wednesday 13 June 2007.

For further information or advice please contact Franck Latrémolière.

Filed under OFT.

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