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20 Criminal Proceedings

Mark Brealey, Kyla George

From: Competition Litigation: UK Practice and Procedure (2nd Edition)

Edited By: Mark Brealey QC, Kyla George

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 08 August 2022

Cartels — Basic principles of competition law — Appeals — Judicial remedies

This chapter examines the criminal aspect of competition law, with particular emphasis on the cartel offence created by Section 188 of the Enterprise Act 2002. It first provides an overview of the common law governing cartel offences, the criminal nature of breaches of the competition rules, and relevant provisions of Section 188 Enterprise Act with respect to cartel offences. It then considers the four types of arrangements deemed to be an offence, namely, price-fixing, limiting production or supply, market sharing, and bid-rigging. It also discusses exclusions and defences based on the amendment to the cartel offence introduced on or after 1 April 2014 by the Enterprise and Regulatory Act 2013 (ERRA 13). Finally, it decribes the criminal prosecution of the cartel offence and the sentences relating to the cartel offence.

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