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19 June 2008
Issue: 7326 / Categories: Legal News , Local government , Public
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Intenational cartel action

Legal news

The jailing of three UK businessmen for bid-rigging signals a new era of international cooperation to prosecute operators of cartels —but does not reduce the risk of US extradition, lawyers say.

The businessmen, arrested in the US but allowed to return to the UK as part of a plea agreement, were convicted of dishonestly participating in a cartel for the supply of marine hose and ancillary equipment in the UK and sentenced to between twoand- a-half to three years’ imprisonment following an investigation by the Office of Fair Trading.

Peter Kiernan, head of international investigations at Crowell & Moring and former SFO deputy director, says the US and UK authorities are now willing to act in concert to achieve the “optimal” conclusion in each case.

“The message is clear, law enforcement agencies on both sides of the Atlantic will co-operate to find the optimal solution for them, which means the worst possible solution for those in the firing line.”

An investigation into the companies involved in the cartel is currently being undertaken by the European Commission.

Kiernan says: “The EU investigation shows that a two-pronged approach with parallel or sequential criminal and civil proceedings can deliver the optimal spread of action against individuals and companies.

Issue: 7326 / Categories: Legal News , Local government , Public
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MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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