Tabitha BonneyDeputy Head of International

Policy DevelopmentOffice of Fair Trading

FRAMEWORKFRAMEWORKCompetition & Consumer Protection Policy

National Level Statutory Enforcement/Co-ordination

Local and Sectoral Enforcement

Department of Trade & Department of Trade & Industry (DTI)Industry (DTI)

Office of Fair Trading Office of Fair Trading (OFT)(OFT)

Trading Standard Trading Standard Service and Sectoral Service and Sectoral

RegulatorsRegulators

Public Enforcement in the UKPublic Enforcement in the UK

Trading Trading Standards Standards

ServiceService

Local Matters

Advice

OFTOFT

National Matters

Coordination

THE OFTTHE OFT

GOALGOAL

To make markets work well for consumers. To make markets work well for consumers.

Markets work well when fair-dealing businesses Markets work well when fair-dealing businesses are in open and vigorous competition with each are in open and vigorous competition with each

other for custom.other for custom.

DivisionsDivisions

Competition

Consumer Protection

Markets and Policy

Licensing

RemitRemit

The OFT acts in the “COLLECTIVE INTERESTS OF CONSUMERS”

No power to:

•Act on behalf of individual consumers

•Provide legal advice•Obtain redress

The Enterprise Act 2002The Enterprise Act 2002

Enforcement Orders

1 Order for breaches of 52 Domestic Instruments and 11 Directives

Enforcement shared by OFT and Trading Standards

Information Gathering Powers

Injunctive Remedies

Consumer ProtectionConsumer Protection in the in the UKUK Enforcers

OFT/TSDs

ConsumersConsumer Groups

ECC/Citizens AdviceBusiness

Injunctions Directive 98/27Injunctions Directive 98/27

Community Qualified Entities (CQEs)

11 Directives

Access to courts of other member states

“Collective Interests of Consumers”

TV DirectTV Direct

Definitely!

£10 000

TV DirectTV Direct

Making ContactsMaking Contacts

TV DirectTV Direct

Issuing ProceedingsIssuing Proceedings

TV DirectTV Direct

Defence Defence

InadmissibleInadmissible ‘‘origin of the infringement’origin of the infringement’

Applicable Law Applicable Law Barriers to TradeBarriers to Trade

Not Misleading Not Misleading Average ConsumerAverage Consumer

TV DirectTV Direct

Outcome?Outcome?

Cross Border EnforcementCross Border Enforcement

OFT Information Gathering OFT Information Gathering PowersPowers

The OFT may, on behalf of another CQE, give notice to any person requiring the person to

provide it with the information specified in the notice.

Court Enforceable PowersCourt Enforceable Powers

HurdlesHurdles

Rogue Sectors

Divergent Interpretation

Only Private Bodies as CQEs

Lack Investigation Powers

LessonsLessons

Cross Border InvestigationsCross Border Investigations

Value of Disruptive Action Evidence BaseHome AuthoritiesSpeak to TraderPriorities and ProcedureConsumer Education

PolicyPolicy

Implementation of Current AquisImplementation of Current Aquis

Policy NegotiationsPolicy Negotiations

Consumer Protection Co-operation Consumer Protection Co-operation Regulation (CPC)Regulation (CPC)

Unfair Commercial Practices Unfair Commercial Practices Directive (UCPD)Directive (UCPD)

Review of the AquisReview of the Aquis

Tabitha BonneyDeputy Head of

International Policy Development

Office of Fair Trading

tabitha.bonney@oft.gsi.gov.uk

Tel: +44 20 7211 8235