Part I Concurrent Enforcement of Competition Law, 4 Criminal Proceedings
- Cartels — Arbitration procedures — Allocation of cases — Appeals — Judicial review — National Courts — National courts
This chapter details the minutiae of criminal proceedings in competition law matters. ‘Criminal’ herein refers to sanctions imposed by a court, following an indictment or charge, on a person, whether natural or legal, and which are viewed within that legal system as ‘criminal’. The chapter places criminalization of competition law in a global context before examining the policy behind criminalization in the United Kingdom. It next describes the cartel offence under Part 6 of the Enterprise Act 2002 and turns to the rules of investigation, prosecution, trial, and appeals, as well as the role of the Competition and Markets Authority (CMA) in these proceedings. The chapter also addresses questions as to how national criminal laws interact with EU competition law and the extradition of cartelists abroad, particularly in the US. Finally, the chapter provides an overview of the criminal enforcement of the competition rules in the United States.