The Cartel Offence
About this book
This book deals with the cartel offence introduced into UK law by the Enterprise Act 2002. It is now, for the first time, a criminal offence to operate certain cartel arrangements in the UK, and those found guilty of the offence face the prospect of fines and/or imprisonment. This presents new challenges for competition lawyers, who may not have expertise in criminal law, and criminal lawyers who are unlikely to have expertise in the complex substantive issues raised by competition law. This book addresses these issues, providing a guide to the workings of the provisions, explanations of the definitions set out in the Act, and an analysis of the relationship of the new offence with the existing UK and EC competition law. Human rights issues and practical considerations in the application of the relevant procedural law are also dealt with. Relevant OFT guidance and statutory provisions are published in the Appendix.
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Information
Table of contents
- Half Title Page
- Half Title verso
- Title Page
- Title verso
- Contents
- Preface
- 1. Introduction to the Cartel Offence
- 2. The Offence
- 3. Investigation
- 4. Leniency
- 5. Prosecution, Penalties, and the Consequences of Breach
- 6. Territoriality
- 7. Compliance
- Appendix One: Enterprise Act, Part 6
- Appendix Two: Explanatory Notes - The Enterprise Act 2002
- Appendix Three: Powers for Investigating Criminal Cartels Guidance
- Appendix Four: Office of Fair Trading - The Cartel Offence: Guidance on the issus of no-action letters for individuals
- Appendix Five: The Overseas Disclosure of Information. A Consultation Paper
- Appendix Six: Memorandum of Understanding Between the Office of Fair Trading and the Director of the Serious Fraud Office
