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OFT recommendations on private actions in competition law

10 January 2008

Last November, the OFT published its recommendations to the government on private actions for competition law damages.

Because the costs of bringing an action are likely to outweigh the benefits in many cases, private actions are viewed as one of the least efficient areas of competition law. 

The OFT’s suggestions are aimed at creating a balanced and proportionate private actions regime, without adopting a US style class actions regime.  They include introducing measures relating to the costs of bringing an action and will feed into the Government consultation on measures to reduce the barriers to private enforcement announced in the 2007 Treasury’s Pre-budget Report. 

It looks as if the spotlight will be on private damages actions in 2008 with the European Commission also intending to publish detailed proposals.

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Peter Andrews

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