header-logo header-logo

11 October 2007 / Gerallt Owen , Gary Summers
Issue: 7292 / Categories: Features
printer mail-detail

Under attack

Companies should expect the OFT to take an aggressive approach to cartel investigations, say Gary Summers and Gerallt Owen

The global approach of multi-jurisdictional US-led law enforcement is evident in cartels. Cartels—or antitrust in the US—take many different forms, but essentially consist of two or more commercial undertakings entering into anti-competitive/collusive arrangements. Evidenced by a secret agreement or arrangement, the intention of those taking part is to restrict competition by fixing prices, restricting output, dividing up the market, or blocking competition from third parties or new entrants to the market.

CRIMINAL CARTEL OFFENCE

In the UK, the Enterprise Act 2002 (EnA 2002), s 188 introduced a statutory criminal cartel offence. The offence and the related powers of the Serious Fraud Office (SFO) and/or Office of Fair Trading (OFT) to investigate the offence are provided for. It is envisaged that the SFO will have the option of being the lead investigator.

The criminal cartel offence can only be committed by individuals, and not by undertakings, and the offence is punishable up to a maximum of five years’ imprisonment. However, alleged illegal cartel conduct predating EnA

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll