Consultations
OFT: The Office of Fair Trading (OFT) has published a discussion paper and announced informal consultation (closes 13 June 2007) on facilitating private actions in order to optimise the effectiveness of competition law in the UK and to make redress for consumers & business more accessible.
Infringements of competition law cause significant harm to both consumers & businesses. Recent experience shows that harm to consumers may run into tens of millions of pounds in any given case. However, up until now, consumers have recovered virtually no compensation. Businesses also find it difficult to recover losses and, to remedy the competitive disadvantage they may have suffered from infringements of competition law.
The discussion paper sets out a number of principles & proposals aimed at ensuring effective redress and greater compliance with competition law.
Press release ~ Discussio n paper for consultation ~ Consequences of breaking competition law ~ EU Green Paper: Damages actions for breach of the EC antitrust rules and an accompanying Commission Staff Working Paper ~ OFT response to EU Green paper ~ DTI response
Ofwat: The Water Services Regulation Authority (Ofwat) has published for consultation its proposal to fine United Utilities Water £8.5m for non-compliant trading arrangements with associate companies. Ofwat has given interested parties until 16 May 2007 to respond to the proposal, before taking a final decision in this case.
The value of the trading arrangements that Ofwat considers comprised the breach are about £95m in the period October 2005 to March 2007 (equivalent to around 8% of the company's turnover for the 2005-06 charging year). Ofwat has estimated the value of the likely cross-subsidies over the same period to be around £16m.
In December 2006 United Utilities Water provided Ofwat with a legally binding undertaking to make changes to its trading arrangements with its associate companies by 30 April 2007.
Press release ~ The Water Services Regulation Authority (Ofwat) ~ 'Notice of Ofwat's proposal to impose a penalty on United Utilities Water Plc' ~ 'Financial performance and expenditure of the water companies in England and Wales 2005-06' ~ Conso lidated Fund ~ United Utilities Water
DCA: A consultation (closes 13 July 2007) on case track limits and the claims process for personal injury claims has been published by the Department for Constitutional Affairs. The paper recommends no increase to the small claims limits, including those for personal injury and housing disrepair claims. It does however recommend that the fast track limit should be raised to £25,000.
The paper also considers ways to improve the claims process for personal injury cases to make it more efficient. It makes proposals for a new system built around the principles of:
- early notification of claims
- early admissions of liability and
- the removal of duplication of work from the process
.gif)
