There is broad agreement that private enforcement can substantially improve the functioning of a competition regime and that individuals and firms who suffer injury from anti-competitive conduct, should be entitled to reasonable compensation.
At the same time, it is important to strike the right balance between public and private enforcement. Antitrust policy and antitrust law enforcement, including private enforcement, should be viewed as an integrated policy system in which numerous factors contribute to the complementary goals of deterrence and compensation.
Obtaining the right balance between these tools and goals is key to ensuring that private enforcement does not adversely affect the effectiveness of public enforcement, and encourages greater compliance with antitrust rules, while avoiding litigation that is wasteful and could discourage socially beneficial conduct.
In June 2015, the OECD held a discussion on the current state of private enforcement in OECD members and other selected jurisdictions, review initiatives to promote more private enforcement and the tools available for this purpose and discussed the practical relationship between public and private antitrust enforcement. A background note from the Secretariat along with contributions from the participants supported the discussion.