Tabitha Bonney Deputy Head of International Policy Development Office of Fair Trading

FRAMEWORK  Competition & Consumer Protection Policy  National Level Statutory Enforcement/Co- ordination  Local and Sectoral Enforcement Department of Trade & Industry (DTI) Office of Fair Trading (OFT) Trading Standard Service and Sectoral Regulators

Public Enforcement in the UK Trading Standards Service Local Matters Advice OFT National Matters Coordination

THE OFT GOAL To make markets work well for consumers. Markets work well when fair-dealing businesses are in open and vigorous competition with each other for custom.

Divisions Competition Consumer Protection Markets and Policy Licensing

Remit 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 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 Protection in the UK Enforcers OFT/TSDs Consumers Consumer Groups ECC/Citizens Advice Business

Injunctions Directive 98/27  Community Qualified Entities (CQEs)  11 Directives  Access to courts of other member states  “Collective Interests of Consumers”

TV Direct Definitely! £10 000

TV Direct Making Contacts

TV Direct Issuing Proceedings

TV Direct  Defence  Inadmissible  ‘origin of the infringement’  Applicable Law  Barriers to Trade  Not Misleading  Average Consumer

TV Direct Outcome?

Cross Border Enforcement  OFT Information Gathering Powers 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 Powers

Hurdles  Rogue Sectors  Divergent Interpretation  Only Private Bodies as CQEs  Lack Investigation Powers

Lessons Cross Border Investigations  Value of Disruptive Action  Evidence Base  Home Authorities  Speak to Trader  Priorities and Procedure  Consumer Education

Policy Implementation of Current Aquis Policy Negotiations  Consumer Protection Co-operation Regulation (CPC)  Unfair Commercial Practices Directive (UCPD)  Review of the Aquis

Tabitha Bonney Deputy Head of International Policy Development Office of Fair Trading Tel: