header-logo header-logo

Controversy over cartel reforms

22 March 2012
Issue: 7506 / Categories: Legal News
printer mail-detail

Government competition law reform proposals cause outcry

City lawyers have expressed concern about proposals to remove “dishonesty” from cartel offences.

Last week, the government unveiled its final proposals for reform of the UK competition regime. They include merging the Competition Commission and the Office of Fair Trading into a new regulatory body, the Competition and Markets Authority, with powers to enforce both civil and criminal competition laws. However, a proposal to reform cartel laws is proving controversial.

Robert Bell, chairman of the City of London Law Society Competition Law Committee, says: “We have serious concerns about the proposal to remove the dishonesty element from the cartel offence (s 188, Enterprise Act 2002).

“In addition, the offence will not be made out if the parties have published details [of an agreement] before it is implemented.

“Enforcing the new offence is likely to be problematic. The government does say it will need to be subject to a required intent to enter into a cartel agreement, but it is not clear how this will be implemented. In addition, the removal of the dishonesty element will utterly transform the offence, lowering the bar to criminal prosecution and giving rise to potential injustices.”

Gustaf Duhs, head of competition at Stevens & Bolton, says: “Businesses will be required to publish agreements prior to implementation to avoid the potential for criminal prosecution. Past experience suggests that businesses will not voluntarily publish such agreements and, as a result, the risk of criminal prosecution (and up to five years’ imprisonment if convicted) will be much greater.”

Issue: 7506 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll