Part B Practical Approach to Consumer Participation, 7 Overcoming Institutional and Political Limitations: Appropriate Instruments for the Introduction of European-Wide Measures
- Private enforcement
This chapter focuses on the EU framework and the constitutional division of power between the EU and the Member States in order to determine whether the proposals encouraging consumer participation and promoting the ‘consumer interest’ in competition law enforcement articulated in previous chapters could be introduced via an EU legislative instrument. First, it briefly presents the proposals in the fields of private and public enforcement and underlines their common elements in the light of the fused approach to competition law enforcement. Following this, it explores whether the current Treaty framework permits the adoption of harmonized measures and places attention on the fact that, even if the legal hurdles involved in finding an adequate legal base were to be overcome, there remain important political limitations that would impede the adoption of the measures. Thus, the analysis seeks a workable alternative for the introduction of the proposals encouraging consumer involvement.