|
The Cartel Offence
By
Mark Furse and Susan Nash
Description
This book deals
with the cartel offence introduced into UK law by the Enterprise Act
2002. It is now, for the first time, a criminal offence to operate
certain cartel arrangements in the UK, and those found guilty of the
offence face the prospect of fines and/or imprisonment. This presents
new challenges for competition lawyers, who may not have expertise in
criminal law, and criminal lawyers who are unlikely to have expertise
in the complex substantive issues raised by competition law. This
book addresses these issues, providing a guide to the workings of the
provisions, explanations of the definitions set out in the Act, and
an analysis of the relationship of the new offence with the existing
UK and EC competition law. Human rights issues and practical
considerations in the application of the relevant procedural law are
also dealt with. Relevant OFT guidance and statutory provisions are
published in the Appendix.
Mark Furse, BA,
LLM, PhD, is Professor of Competition Law and Policy, University of
Glasgow
Susan Nash is a
professor of law at the University of Westminster, and is a barrister
specialising in criminal law and human rights.
Contents
1 Introduction
to The cartel offence 1
2 The offence 29
3 Investigation 41
4 Leniency 69
5 Prosecution,
penalties, and the consequences of breach 79
6 Territoriality 97
7 Compliance 117
App. 1 Enterprise
Act part 6 129
App.
2 Explanatory notes - the Enterprise Act 2002 139
App. 3 Powers for
investigating criminal cartels guidance 145
App. 4 Office of
Fair Trading - the cartel offence : guidance on the issue of
no-action letters for individuals 159
App. 5 The
overseas disclosure of information : a consultation paper 167
App. 6 Memorandum
of understanding between the Office of Fair Trading and the director
of the Serious Fraud Office 179
|
Home
Login
