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23 September 2010 / Rod Lambert , Christopher Reekie
Issue: 7434 / Categories: Features , Company , Practice areas
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Spotlight on directors

Rod Lambert & Christopher Reekie revisit Directors’ Disqualification Orders

Where a company is alleged to have breached competition law rules, the Office of Fair Trading (OFT) may bring an action seeking to disqualify directors of that company from acting as a director for a period of up to 15 years, if their actions, either by act or omission, have in some way contributed to the alleged breach. In recently published guidance, the OFT has further explained how it will approach director disqualification proceedings. Companies and directors should pay close attention to this latest clarification of the UK competition regulator’s armoury. Failure to take note could have serious consequences.

Background

On 29 June 2010, the OFT published new guidance, which clarifies the powers of the OFT under the Competition Disqualification Order (CDO) provisions of the Company Directors Disqualification Act 1986, as amended by the Enterprise Act 2002 (CDDA). The Guidance sets out the general approach that the OFT will adopt in seeking CDOs against individual directors, their professional advisors and professional associations.

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MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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