Part B Practical Approach to Consumer Participation, 6 Consumer Involvement in Public Competition Law Enforcement: Towards Acceptable Alternatives
This chapter explores the possible opportunities for consumer participation and the promotion of the consumer interest in public competition law enforcement. It, first, discusses the reasons for the shift from private to public enforcement, and argues that public mechanisms can be structured in a way that promotes the same endemic-functional aims as private enforcement and brings additional institutional benefits. It assesses the current avenues of consumer participation in public competition law enforcement (complaints, super-complaints, sector inquiries) and suggests ways in which these could be improved. In addition, it discusses different mechanisms for the provision of compensation to affected consumers in the course of public enforcement (‘public compensation’).