header-logo header-logo

11 April 2014 / David Corker
Issue: 7602 / Categories: Opinion
printer mail-detail

A guilty state of mind

David Corker considers the implications of ditching dishonesty from the criminal cartel offence

On 1 April s 47 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) was implemented. This section reforms the criminal cartel offence which was created by s 188 of the Enterprise Act 2002 (EA 2002). By far the most important change wrought by s 47 is the removal of the need to prove dishonesty. Accordingly, this offence becomes a more conduct-based one; did the suspect or accused agree with others to enter into a cartel whose purpose was to eg price-fix or bid rig? EA 2002’s definition of the four types of proscribed cartel agreements to which the offence applies is unchanged by ERRA 2013. These four types are said to be “hardcore cartels”. The Office of Fair Trading (OFT) has contended that they constitute the most egregious forms of anti-competitive behaviour.

 

Deleting dishonesty

Dishonesty was included in the original definition of the offence as it was said to provide the means of dividing the UK’s civil and

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll