In competition
Competition law is a massive field and looking at the Enterprise Act we do wonder what it means for consumers. Part 9 of the Enterprise Act is an attempt to pull down a veil in which consumers wishing to find out about certain companies and individuals in the commercial context now can. What are the risks and benefits for doing so?
Under the company law Reform Bill it is suggested that it will simplify the text for consumers:' The law also says that a public authority can disclose information to the public ‘for the purpose of facilitating the exercise by the authority of any function it has under or by virtue of this Act or any other enactment’ (s. 241(1)). '
Will the public make the most of this opportunity to find out more about certain companies? Or will this simply be a venue for businesses in undergoing their research find out more about business potential?
Is it a right of the individual? Or is it stretching the definition far too much? The Enterprise Act derived from the Office of Fair Trading. Which aims to safeguard the rights of consumers from UK and throughout Europe.
The process itself is simple- simply writing or emailing them with the exact details of what you want to find out about. How will this act make it easier for consumers trust businesses more? Or is this also to ensure the credibility of an institution to its accountability and that there is nothing we cannot release to the public provided it is reasonable.
It clarifies that one must have a legitimate business interest. Furthermore, it is general enough to include one would guess a genuine potential business person. They do accept however that commercial sensitive information should not be released, however as with the sensitivity of the information- who is there to judge?
One's business operations and methodology is different to another, and what one may consider to be highly sensitive and confidential is also variable.
The answer seems to be one of economic sense. Why? Why do you want to know such information? And if one could produce the answer of 'for genuine business purposes' it seems the standard for disclosure is not too high. The question remains however, how will that benefit the consumer, how will that make consumers trust businesses or organisations of that like more?
Sometimes one can only guess that the appearance of being as open as one can be can provide others with the benefit of the doubt that most certainly this is the right thing to do at this point in time.
A theory stretched and in waiting...
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