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11 October 2007 / Gerallt Owen , Gary Summers
Issue: 7292 / Categories: Features
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Under attack

Companies should expect the OFT to take an aggressive approach to cartel investigations, say Gary Summers and Gerallt Owen

The global approach of multi-jurisdictional US-led law enforcement is evident in cartels. Cartels—or antitrust in the US—take many different forms, but essentially consist of two or more commercial undertakings entering into anti-competitive/collusive arrangements. Evidenced by a secret agreement or arrangement, the intention of those taking part is to restrict competition by fixing prices, restricting output, dividing up the market, or blocking competition from third parties or new entrants to the market.

CRIMINAL CARTEL OFFENCE

In the UK, the Enterprise Act 2002 (EnA 2002), s 188 introduced a statutory criminal cartel offence. The offence and the related powers of the Serious Fraud Office (SFO) and/or Office of Fair Trading (OFT) to investigate the offence are provided for. It is envisaged that the SFO will have the option of being the lead investigator.

The criminal cartel offence can only be committed by individuals, and not by undertakings, and the offence is punishable up to a maximum of

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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