header-logo header-logo

Cartels blow whistle to reduce fines

22 June 2011
Issue: 7471 / Categories: Legal News
printer mail-detail

The number of business cartels signing up to the Office of Fair Trading’s (OFT) leniency programme nearly doubled last year.

In 2010, the OFT accepted every one of the 25 leniency applications it received, compared with 13 of the 15 applications it received in 2009, according to Reynolds Porter Chamberlain (RPC), who obtained the information through a Freedom of Information Act request. The programme offers businesses involved in cartel behaviour an opportunity to secure 100% immunity from fines and prosecution in return for voluntarily providing the OFT with evidence of the cartel.

It was used recently by Barclays, which received 100% discount on its fine for cartel behaviour relating to the pricing of loan products for professional services firms, and by a number of construction companies involved in a major bid-rigging case who received reduced fines for their co-operation.

Stephen Smith, partner at RPC, said: “Cartel behaviour is notoriously difficult to detect. The leniency programme is an important policy tool in the OFT’s enforcement toolkit, enabling the OFT to obtain substantial evidence from businesses prepared to blow the whistle in exchange for a reduced penalty. Plea bargaining style deals are controversial, particularly where the evidence provided may be used subsequently in individual criminal prosecutions, but the tactic certainly seems to be working.”

Smith said there have been concerns among competition lawyers over government proposals to merge the OFT and the Competition Commission.

“The UK competition regime is generally well regarded by business and the legal community alike. There is therefore some concern, particularly in respect of a number of the government’s proposals, that what is perceived as a very effective system could be torn up.”

Issue: 7471 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
In NLJ this week, Bea Rossetto of the National Pro Bono Centre marks Pro Bono Week by urging lawyers to recognise the emotional toll of pro bono work
Can a lease legally last only days—or even hours? Professor Mark Pawlowski of the University of Greenwich explores the question in this week's NLJ
RFC Seraing v FIFA, in which the Court of Justice of the EU (CJEU) reaffirmed that awards by the Court of Arbitration for Sport (CAS) may be reviewed by EU courts on public-policy grounds, is under examination in this week's NLJ by Dr Estelle Ivanova of Valloni Attorneys at Law, Zurich
back-to-top-scroll