The UK Government issues a consultation on options for reforming the private enforcement of competition law

Article published on Centre for Competition Policy blog.

The Passing-on Defence Should be Recognised in Legislation* The recent publication by the Department of Business, Innovation and Skills of Private Actions in Competition Law: A Consultation on Options for Reform acknowledges that considerable legal issues remain to be resolved concerning private enforcement of competition law in the United Kingdom. One of these issues is the exact status of the passing-on defence (i.e., the defence that allows an infringer to escape liability in a damages action by a given purchaser to the extent of any pass-on by that purchaser). The lack of certainty concerning the status of this defence acts as an obstacle to the initiation of private actions. This problem should be overcome by the express acknowledgement of the passing-on defence in legislation.

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  • University of Leeds

Quotation

Peter Whelan, The UK Government issues a consultation on options for reforming the private enforcement of competition law, 24 April 2012, e-Competitions Bulletin April 2012, Art. N° 54998

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