OFT advice could drive rethink on copycat pack law

Responses to a discussion paper it launched in April showed that consumers and businesses wishing to bring legal proceedings continue to face "significant barriers".

OFT chairman Philip Collins said: "Increasing the incentives of businesses to comply with competition law would encourage the development of a competition culture, in which responsible business leaders and boards recognise the benefits of competition in properly functioning, open markets."

The Department of Business, Enterprise & Regulatory Reform (BERR) dropped the provision for private prosecution in its proposals to implement the Unfair Commercial Practices Directive (UCPD), which covers copycat packaging.

BBG director John Noble said the OFT's position was "extremely helpful in showing up contradictions in the government's various approaches".

Consultation on the UCPD ended on 21 August and final implementation is expected next month.

Peter Luff, Conservative MP for Mid Worcestershire, quizzed the government about the removal of the private prosecution provision in parliament this month.

In a written answer, Gareth Thomas, a junior minister in the Department for International Development, said BERR had received a number of requests for these measures to be included as part of the overall directive.

"We are carefully considering all the responses received before coming to a final decision on how the regulations should be best enforced in the interests of consumers."

Click here for the OFT discussion paper.

Click here for government proposals on the Unfair Commercial Practices Directive.

Click here to go to the British Brands Group website.

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