Private Action in Competition Law Consultation Response

Department for Innovation, Business and Skills Consultation on Private Actions In Competition Law : Our Response

Overall we find the consultation raises important issues for SMEs and consumers and is particularly relevant for providing effective measures to resist market concentration.

As well as looking for an opportunity to enable specific redress we believe that effective mechanisms for private action:

  • provide an institutional response to the actions and behaviours, intentional or otherwise, of large undertakings in direct or parallel markets affecting F/OSS services.
  • will lead automatically to better working and more effective markets.

The possible of threat of action (analogous to threat of entry in the market place) is likely to lead to better outcomes for small firms (and consumers) as the actions of large undertaking are more likely to to take into account the potentially more immediate consequences of effective and timely private action compared to the long drawn out processes compared to the possibility of attracting the attention of regulatory authorities who eventually might decide the the aggregation of small issues will amount to something sufficiently important.

Our full response may be downloaded from here (6 pages, pdf, approx 100kByte).