What are super-complaints?
Published 7 May 2015
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What is a super-complaint?
A super-complaint, as defined by section 11(1) of the Enterprise Act 2002 (EA02), is a complaint submitted by a designated consumer body that ‘any feature, or combination of features, of a market in the UK for goods or services is or appears to be significantly harming the interests of consumers’. The features of a market may refer to:
- the structure of the market concerned or any aspect of such structure
- any conduct (whether or not in the market concerned) of one or more than one person who supplies or acquires goods or services in the market concerned
- any conduct relating to the market concerned of customers of any person who supplies or acquires goods or services
Who can make a super-complaint?
Only bodies designated by the Secretary of State for Business, Innovation and Skills under section 11(5) EA02 can make a super-complaint. Section 11(6) requires that those designated will be bodies who appear to the Secretary of State to represent the interests of consumers.
What action can result from a super-complaint?
The possible outcomes of a super-complaint include:
- taking enforcement action under competition or consumer law
- agreeing voluntary changes with the industry
- launching a market study into the issue
- making a market investigation reference
- recommending action by the government, a regulatory body or other organisation
- finding the complaint requires no action
- finding the complaint to be unfounded