header-logo header-logo

Controversy over cartel reforms

22 March 2012
Issue: 7506 / Categories: Legal News
printer mail-detail

Government competition law reform proposals cause outcry

City lawyers have expressed concern about proposals to remove “dishonesty” from cartel offences.

Last week, the government unveiled its final proposals for reform of the UK competition regime. They include merging the Competition Commission and the Office of Fair Trading into a new regulatory body, the Competition and Markets Authority, with powers to enforce both civil and criminal competition laws. However, a proposal to reform cartel laws is proving controversial.

Robert Bell, chairman of the City of London Law Society Competition Law Committee, says: “We have serious concerns about the proposal to remove the dishonesty element from the cartel offence (s 188, Enterprise Act 2002).

“In addition, the offence will not be made out if the parties have published details [of an agreement] before it is implemented.

“Enforcing the new offence is likely to be problematic. The government does say it will need to be subject to a required intent to enter into a cartel agreement, but it is not clear how this will be implemented. In addition, the removal of the dishonesty element will utterly transform the offence, lowering the bar to criminal prosecution and giving rise to potential injustices.”

Gustaf Duhs, head of competition at Stevens & Bolton, says: “Businesses will be required to publish agreements prior to implementation to avoid the potential for criminal prosecution. Past experience suggests that businesses will not voluntarily publish such agreements and, as a result, the risk of criminal prosecution (and up to five years’ imprisonment if convicted) will be much greater.”

Issue: 7506 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
back-to-top-scroll