Private Enforcement in the UK: Effective Redress for Consumers?

Chapter 12 in B. Rodger, P. Whelan and A MacCulloch (eds), The UK Competition Regime: A Twenty-Year Retrospective, Oxford University Press, 2021, Forthcoming

27 Pages Posted: 22 Sep 2020

See all articles by Barry James Rodger

Barry James Rodger

University of Strathclyde - School of Law

Date Written: August 4, 2020

Abstract

This chapter assesses how private enforcement of competition law rights has developed in the UK over the last twenty years. Key legislative developments, inter alia the Competition Act 1998, Enterprise Act 2002 and Consumer Rights Act 2015, have transformed the private enforcement architecture, notably with the introduction, and increasingly significant role, of the specialist tribunal, the Competition Appeal Tribunal, and the availability of an opt-out collective redress mechanism. This chapter will assess the key UK statutory and case-law developments, in comparison with the USA private antitrust enforcement model, to consider in particular the extent to which an effective system for consumer redress has been instituted. The chapter concludes that the anticipated Supreme Court ruling in Merricks should help to determine whether the opt-out collective proceedings scheme will provide effective consumer redress and ensure that the vibrant private enforcement framework in the UK translates from business claimants to consumers in the third decade of the modern UK competition law.

Keywords: competition, private enforcement, consumer, opt-out, damages

JEL Classification: K21, K41, K42

Suggested Citation

Rodger, Barry James, Private Enforcement in the UK: Effective Redress for Consumers? (August 4, 2020). Chapter 12 in B. Rodger, P. Whelan and A MacCulloch (eds), The UK Competition Regime: A Twenty-Year Retrospective, Oxford University Press, 2021, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3667324 or http://dx.doi.org/10.2139/ssrn.3667324

Barry James Rodger (Contact Author)

University of Strathclyde - School of Law ( email )

Lord Hope Building
John Anderson Campus 141 St. James' Rd
Glasgow G4 0LT, Scotland G4 0LT
United Kingdom

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