Who will have Formal Complainant status?
To be granted Formal Complainant status, a third party must: • submit a written complaint to the OFT containing certain mandatory information; • request Formal Complainant status; and • have interests that are, or are likely to be, materially affected by the subject-matter of its complaint. The mandatory information to be set out in a complaint includes a detailed description of the reasons for the complaint; a discussion of the relevant markets; an explanation of how the conduct or agreement adversely affects consumers; details of the action the complainant wants the OFT to take; and factual evidence to support the complaint. The Guidelines also contain a list of “optional” information. Whilst not necessary for Formal Complainant status, it is evident that provision of this information will encourage the OFT to take the complaint seriously. Indeed, the OFT has emphasised in the past that detailed and professionally drafted complaints are much more likely to result in the OFT taking ac