Protecting consumers with super-complaints: OFT guidance

The Enterprise Act was passed on 7th November last year. Certain parts of it came into force on 1st April 2003 and others, including the new super-complaints procedure, entered into force on 20th June.

The Act introduces a specific category of 'super-complaint' which allows designated consumer bodies to complain to the OFT and specific sectoral regulators about market features that may be significantly harming consumers' interests.

The regulators concerned are: the Director General of Telecommunications; the Gas and Electricity Markets Authority; the Northern Ireland Authority for Energy Regulation; the Director General of Water Services; the Rail Regulator and the Civil Aviation Authority.

Complaints about markets regulated by any of these bodies should be sent to the regulator
responsible for that market. All other complaints should be sent to the OFT.

Only consumer bodies appointed by the Secretary of State as a "designated consumer body" may make a super-complaint; but as yet, details of those bodies that have achieved designation have not been issued.

The new guidance provides details of the evidence that might be provided in support of a super-complaint. This may include information on the structure of the market, the way competition works, and how consumers' interests are harmed.

The guidance is available here.

Separate guidance for those bodies wishing to apply to be a designated consumer body is available here