Which? campaigns have a new edge to them. In common with consumer associations in other countries such as Italy, Which? is now entering the arena of litigation, to further the interests it represents. It has been encouraged in this role by the Government’s Enterprise Act 2002, which enables representative actions to be brought on behalf of consumers. Which? is currently the only body in the UK that has powers under the Act and it is confined to the antitrust field.
Following modernisation in Brussels, the enforcement landscape across Europe for antitrust infringements has changed beyond all recognition. This has particularly been the case in the UK, where the Office of Fair Trading (OFT) has been highly active. Notwithstanding these regulatory changes, private actions for damages have proved slow to emerge.
