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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll