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The Uk Cartel Offence
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Download or read book The Cartel Offence written by Mark Furse and published by Bloomsbury Publishing. This book was released on 2004-10-11 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The UK Cartel Offence by : Andreas Stephan
Download or read book The UK Cartel Offence written by Andreas Stephan and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A criminal offence requiring Ghosh dishonesty was introduced in the UK by the Enterprise Act 2002, primarily to enhance cartel deterrence as a complement to corporate fines. Yet the first convictions resulted from a US plea bargain in 2008. This paper identifies three obstacles to enhancing deterrence through the cartel offence. First, Norris v USA and a public survey suggest relatively weak perceptions of cartels persist in the UK. It was envisaged that convictions would remedy this, but prosecutors will continue to be very selective about the cases they bring to trial if there are doubts as to whether price fixing alone is viewed as objectively dishonest. Secondly, any increase in criminal enforcement risks discouraging leniency applications to the European Commission, because corporate immunity granted on the Community level does not automatically protect employees from criminal prosecution in national courts. There is also no conclusive mechanism for direct settlement, as there is in the US. Thirdly, sizeable benefits and purportedly low detection rates mean deterrence may be weak if custodial sentences do not become the norm. Further sanctions such as Director Disqualification Orders can play an important role in ensuring cartelists do not seek immediate reemployment at a high level.
Book Synopsis The Criminal Law of Competition in the UK and in the US by : Mark Furse
Download or read book The Criminal Law of Competition in the UK and in the US written by Mark Furse and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2002, the UK introduced a criminal competition law into the UK legal system for the first time since the 18th century. Using a range of analytical lenses, Mark Furse re-appraises this law ten years on, and provides an extensive analysis of its features. This invigorating work details the policy arguments behind the introduction of the law, and examines Ð through consideration of the successful prosecutions in the US Ð the extent to which the law in practice may be considered to have succeeded or failed in the UK. The role of the US as global antitrust policeman is also considered. The book concludes with a consideration of the difficulties facing the UK in choosing to pursue a criminal route within the current civil framework. Including full discussions of relevant literature relating to the criminalisation of cartels, and the use of personal sanctions against cartelists, this book will appeal to postgraduates and advanced undergraduate students of competition law, competition law practitioners in the UK, EU and US, as well as competition law enforcement personnel.
Book Synopsis Criminalising Cartels by : Caron Beaton-Wells
Download or read book Criminalising Cartels written by Caron Beaton-Wells and published by Bloomsbury Publishing. This book was released on 2011-02-10 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is inspired by the international movement towards the criminalisation of cartel conduct over the last decade. Led by US enforcers, criminalisation has been supported by a growing number of regulators and governments. It derives its support from the simple yet forceful proposition that criminal sanctions, particularly jail time, are the most effective deterrent to such activity. However, criminalisation is much more complex than that basic proposition suggests. There is complexity both in terms of the various forces that are driving and shaping the movement (economic, political and social) and in the effects on the various actors involved in it (government, enforcement agencies, the business community, judiciary, legal profession and general public). Featuring contributions from authors who have been at the forefront of the debate around the world, this substantial 19-chapter volume captures the richness of the criminalisation phenomenon and considers its implications for building an effective criminal cartel regime, particularly outside of the US. It adopts a range of approaches, including general theoretical perspectives (from criminal theory, economics, political science, regulation and criminology) and case-studies of the experience with the design and enforcement of existing or contemplated criminal cartel regimes in various jurisdictions (including in Australia, Canada, EU, Germany, Ireland and the UK). The book also explores the international dimensions of criminalisation - its specific practical consequences (such as increased potential for extradition) as well as its more general implications for trends of harmonisation or convergence in competition law and enforcement.
Book Synopsis A Normative Theory of Cartel Crime by : Luke Danagher
Download or read book A Normative Theory of Cartel Crime written by Luke Danagher and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: While cartels have been outlawed in numerous jurisdictions for decades now, the move towards the use of criminal law in this area is a relatively recent development in most instances. The imposition of criminal sanctions has generally been justified by the need to deter cartels. Against this backdrop of deterrence guided criminalization, this thesis will assess the justifiability of criminalization based on deterrence theory, with the UK cartel offence operating as a case study. After finding this orthodox approach to cartel criminalization wanting in a number of important areas, this thesis presents a normative, retribution-based case for criminalizing cartels. In furtherance of this goal, two prominent theories of criminal law are discussed: Feinberg's Harm Principle and R.A. Duff's penal theory. In applying their individual requirements to cartel law, this thesis moves beyond deterrence as a justification for criminalization. This is done by arguing that cartels are unfair methods of market behaviour based on the theory of fair play. Furthermore, in arguing that a cartel's primary harm is done to the competitive system, and not solely onto consumers, this thesis establishes cartels as a form of public harm. After justifying criminalization, several major implications of taking this normative approach are examined. It is argued that a mens rea of intention is an essential component of a properly functioning criminal cartel offence. It is further posited that an offence of wilful blindness is required. The availability of inchoate and secondary liability under the current UK cartel offence is also assessed. Ultimately, this thesis aims to show that the theoretical underpinnings of the UK cartel offence are defective and that a normative approach is to be preferred on principled grounds. A complete redrafting of the UK offence is requested so as to create a more principled and coherent cartel offence.
Book Synopsis The Criminalization of European Cartel Enforcement by : Peter Whelan
Download or read book The Criminalization of European Cartel Enforcement written by Peter Whelan and published by OUP Oxford. This book was released on 2014-08-07 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cartel activity is prohibited under EU law by virtue of Article 101(1) of the Treaty on the Functioning of the European Union. Firms that violate this provision face severe punishment from those entities responsible for enforcing EU competition law: the European Commission, the national competition authorities, and the national courts. Stiff fines are regularly imposed on firms by these entities; such firm-focused punishment is an established feature of the antitrust enforcement landscape within the EU. In recent years, however, focus has also been placed on the individuals within the firms responsible for the cartel activity. It is increasingly recognized that punishment for cartel activity should be individual-focused as well as firm-focused. Accordingly, a growing tendency to criminalize cartel activity can be observed in the EU Member States. The existence of such criminal sanctions within the EU presents a number of crucial challenges that need to be met if the underlying enforcement objectives are to be achieved in practice without violating prevailing legal norms. For a start, given the severe consequences of a custodial sentence, the employment of criminal antitrust punishment must be justifiable in principle: one must have a robust normative framework rationalizing the existence of criminal cartel sanctions. Second, for it to be legitimate, antitrust criminalization should only occur in a manner that respects the mandatory legalities applicable to the European jurisdiction in question. These include the due process rights of the accused and the principle of legal certainty. Finally, the correct practical measures (such as a criminal leniency policy and a correctly defined criminal cartel offence) need to be in place in order to ensure that the employment of criminal antitrust punishment actually achieves its aims while maintaining its legitimacy. These three particular challenges can be conceptualized respectively as the theoretical, legal, and practical challenges of European antitrust criminalization. This book analyses these three crucial challenges so that the complexity of the process of European antitrust criminalization can be understood more accurately. In doing so, this book acknowledges that the three challenges should not be considered in isolation. In fact there is a dynamic relationship between the theoretical, legal, and practical challenges of European antitrust criminalization and an effective antitrust criminalization policy is one which recognizes and respects this complex interaction.
Download or read book Law of Cartels written by Mark Jephcott and published by Jordans. This book was released on 2003 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law relating to cartels has been radically changed by the Enterprise Act 2002, which came into force on 20th June 2003. Cartel participation has been criminalised and directors involved in cartels can now be disqualified for periods of up to 15 years. At the EC level, record levels of fines are now being imposed on cartelists. It is increasingly evident that the detection and punishment of price-fixing, market-sharing and collusive tendering are the number one priority for both the EC and UK competition authorities. Law of Cartels is the only book dedicated solely to this important area of competition law. It clearly sets out the legal principles governing cartels and the consequences of cartel-like behaviour. It also offers practical advice for both lawyers advising companies and company directors, such as guidance on dealing with cartel investigations by the competition authorities, guidance on implementing compliance programmes to reduce the risk of cartel activity taking place, and guidance on the options open to companies accused of being involved in cartels. This book is an invaluable resource for competition lawyers, regulatory and commercial lawyers, company and in-house lawyers. REVIEWS: excellent ... It has a practical focus. No serious practitioner in competition law should be without it and many general commercial practitioners will want a copy behind their desk ... well structured and easy to use ... an admirable work which brings an impressively clear and practical focus on this important area of law European Competition Law Review an excellent contribution to the law of cartels and deserves to be on the bookshelves of practitioners, academics and industrialists ICCLR
Book Synopsis The Cartel Offence by : Great Britain. Office of Fair Trading
Download or read book The Cartel Offence written by Great Britain. Office of Fair Trading and published by . This book was released on 2002 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Regulating Cartels in Europe by : Christopher Harding
Download or read book Regulating Cartels in Europe written by Christopher Harding and published by . This book was released on 2010 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most contentious and high-profile aspects of EU competition law and policy has been the regulation of those serious competition or antitrust violations now often referred to as 'hard core cartels'. Such cartel activity typically involves large and powerful corporate producers and traders operating across Europe and beyond, and comprise practices such as price fixing, bid rigging, market sharing, and limiting production in order to ensure 'market stability' and maintain and increase profits. There is little disagreement now, in terms of competition theory and policy at both international and national levels, regarding the damaging effect of such trading practices on public and consumer interests, and such cartels have been subject to increasing condemnation in the legal process of regulating and protecting competition. Regulating Cartels in Europe provides critical evaluation of the way in which European-level regulation has evolved to deal with the activities of such anti-competitive business cartels. They trace the historical development of cartel regulation in Europe, comparing the more pragmatic and empirical approached favored in Europe with the more dogmatic and uncompromising American policy on cartels. In particular, the work considers critically the move towards the use of fully fledged criminal proceedings in this area of legal control, examining evolving aspects of enforcement policy such as the use of leniency programs and the deployment of a range of criminal law and other sanctions. This new edition of the work covers emerging themes and arguments in the discipline, including the judicial review of decisions against cartels, the criminological and legal basis of the criminalization of cartel conduct, and the range and effectiveness of sanctions used in response to cartel activity.
Book Synopsis The Law of Criminal Cartels by : Michael O'Kane
Download or read book The Law of Criminal Cartels written by Michael O'Kane and published by OUP Oxford. This book was released on 2009-09-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Criminal Cartels provides comprehensive coverage of the UK cartel offence, as well as the related powers of the main regulators in the UK, EU, US, and overseas. It brings together the criminal, regulatory, and civil law regimes.
Book Synopsis Analysing the Place of the Criminal Cartel Offence Within the Regulatory Landscape of Anti-cartel Enforcement in the UK by : Beverley Williamson
Download or read book Analysing the Place of the Criminal Cartel Offence Within the Regulatory Landscape of Anti-cartel Enforcement in the UK written by Beverley Williamson and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Convergence of Past and Present Challenges to the Criminal Cartel Law of the UK. by : Luke Danagher
Download or read book The Convergence of Past and Present Challenges to the Criminal Cartel Law of the UK. written by Luke Danagher and published by . This book was released on 2016 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluates the criminal cartel offence under the Enterprise Act 2002, both as originally enacted and following the reforms made by the Enterprise and Regulatory Reform Act 2013. Comments on the defence whereby a defendant may claim that the agreement was disclosed in advance to professional legal advisers for the purpose of obtaining advice. Assesses how effective the Competition and Markets Authority may prove in enforcing the offence.
Book Synopsis Criminal Law Principles and the Enforcement of EU and National Competition Law by : Marc Veenbrink
Download or read book Criminal Law Principles and the Enforcement of EU and National Competition Law written by Marc Veenbrink and published by Kluwer Law International B.V.. This book was released on 2019-11-20 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law. Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings: freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions. The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings. The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters. "The work is well argued and well researched. Indeed, it is almost encyclopaedic in its use and citation of case law and secondary material....This book provides a valuable resource for anyone (whether as advocate, investigator, adjudicator or academic researcher) who wishes to understand how these criminal law principles are used in, and to protect those subject to, administrative law-based competition investigations.” Bruce Wardhaugh (Lecturer at the University of Manchester) Common Market Law Review, 2021, vol 58, issue 1, page 236
Book Synopsis Section 47 of the Enterprise and Regulatory Reform Act 2013 by : Peter Whelan
Download or read book Section 47 of the Enterprise and Regulatory Reform Act 2013 written by Peter Whelan and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 1 April 2014, section 47 of the Enterprise and Regulatory Reform Act 2013 (ERRA) entered into force, ensuring significant changes to the UK cartel offence. The criminal offence, contained in section 188 of the Enterprise Act 2002, was enacted to secure the deterrence of cartel activity affecting the UK. Following almost ten years of enforcement, the cartel offence had failed to live up to expectations. Consequently, following a public consultation, it was reformed in substance. Section 47 ERRA, removed the (controversial) definitional element of 'dishonesty' from the offence, created a number of 'carve outs' from the offence, and created three additional defences. This article examines in detail the specific reforms of the cartel offence and argues that, although considerable improvement has been made, the UK offence is fundamentally flawed and unworkable in practice. Further reform is therefore advised.
Book Synopsis The UK Competition Regime by : Barry Rodger
Download or read book The UK Competition Regime written by Barry Rodger and published by Oxford University Press, USA. This book was released on 2021-05-06 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book delves into the UK competition regime since 2000. It critically analyses the current shape of the regime, its past and development, and its future challenges. This book explores both what has gone well and what has not in the past two decades. Academics and practitioners will find this book invaluable.
Book Synopsis EU and UK Competition Law by : Cosmo Graham
Download or read book EU and UK Competition Law written by Cosmo Graham and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU and UK Competition Law is the perfect companion to the study of competition law. Written by a leading expert in the field, this new edition has been fully updated with all the latest developments in this rapidly moving subject area. It also includes expanded coverage of cartels within a dedicated chapter. Full coverage of the UK cartel offence, and merger control in both the EU and UK ensures this text maps fully to the syllabus of competition law modules.
Book Synopsis The Abolishment of the 'Dishonesty' Requirement in the Cartel Offence and the Future of Anti-Cartel Enforcement in the United Kingdom by : Alexander Kolev
Download or read book The Abolishment of the 'Dishonesty' Requirement in the Cartel Offence and the Future of Anti-Cartel Enforcement in the United Kingdom written by Alexander Kolev and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines the application of the 'dishonesty' requirement in the cartel offence in the Enterprise Act 2002. It provides an outline of the main issues with the 'dishonesty' element and the struggle of the courts to apply such an illusive provision in antitrust court proceedings. The paper concludes that the new cartel offence in the Enterprise and Regulatory Reform Act 2013 does not go far to amend the issues. It is proposed that a 'per se' stipulation of the cartel offence will achieve the deterrent effect the government aimed for at the start of its competition law reform in the early 2000s.
