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22 July 2011 / David Corker
Issue: 7475 / Categories: Features , Company
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Tough competition?

David Corker responds to the criminal cartel offence reform proposals

Drastic change to the UK competition regime was proposed by the government in its March 2011 consultation paper. In relation to the criminal cartel offence under the Enterprise Act 2002 (EnA 2002), the government set out four options for reform, all of which included the removal of the dishonesty requirement from the offence in order to make it easier to prove in court. But is this the best approach and is it too soon to be proposing such a radical change?

Prosecutions to date

Eight years after the commencement of the criminal cartel regime, only two cases have come to court. The first prosecution, Marine Hose [2010] 4 CMLR 148, posed no legal or evidential difficulty for the Office of Fair Trading (OFT). All the defendants had already committed and bound themselves to an antecedent US plea agreement in relation to every aspect of their criminality, even to the extent that their deference met with the disapproval of the Court of Appeal. The Court

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MOVERS & SHAKERS

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins hires two talented legal directors

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

NEWS
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
Material obtained through US discovery applications may have a much longer legal life than many litigants realise
English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine
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