Explanatory note

Section 11 of the Enterprise Act 2002 (EA 2002) enables consumer bodies designated by the Secretary of State to submit “super-complaints” where they consider that there is any market feature, or combination of features, such as the structure of a market or the conduct of those operating within it, that is or appears to be significantly harming the interests of consumers.

The OFT is obliged to publish a response to such a complaint within a maximum of 90 calendar days stating how it proposes to deal with the complaint and the reasons for its proposals. The Order extends the section 11 EA 2002 duties (other than the obligation to provide guidance in relation to the presentation of a reasoned case) to the regulators specified in the Order where the super-complaint is made by a designated consumer body to a regulator specified in the Order and concerns a market in relation to which that regulator has functions. The regulators specified are those regulators who have concurrent enforcement powers under the Competition Act 1998.