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UK Competition Law - The New Framework edited by Kellaway, Ros; Thompson, Rhodri; Brown, Christopher (1st December 2015)

7 Individual Criminal Liability— The Cartel Offence

Tim Owen, Aaron Watkins, Joanna Buckley

From: UK Competition Law: The New Framework

Edited By: Ros Kellaway, Rhodri Thompson, Christopher Brown

Subject(s):
United Kingdom — National Competition Authorities (NCAs) — National Courts — National courts — Private actions

This chapter analyses the changes to the criminal cartel offence brought about by the Enterprise and Regulatory Reform Act (ERRA) in order to improve the track record of criminal prosecutions as a means of deterring hard-core cartels. The chapter provides both an overview of individual liability under the cartel offence and a critique of the recent legislative amendments, notably the removal of the ‘dishonesty’ element of the offence and the addition of specific (and controversial) statutory exclusions and defences. The chapter also discusses briefly the investigatory powers of the CMA and the availability of no-action letters in light of the recent guidance published by the CMA.

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