How Dishonesty Killed the Cartel Offence

Criminal Law Review, Vol. 6, pp. 446-455, 2011

Posted: 17 Jun 2011  

Andreas Stephan

University of East Anglia (UEA) - Centre for Competition Policy

Date Written: 2011

Abstract

This paper argues that the UK cartel offence, introduced by the Enterprise Act of 2002 is no longer workable in its current form. The inclusion of dishonesty was designed to signal the seriousness of cartel practices to the business community and wider public, but dishonesty hinges on a contemporary judgement that requires attitudes to be sufficiently hardened to begin with. The finding in Norris that secret price fixing cannot in itself be dishonest, poor case selection by the OFT and the collapse of the first full trial, all suggest the offence should be repealed or reformed.

Keywords: Antitrust, Cartel Offence, Dishonesty

Suggested Citation

Stephan, Andreas, How Dishonesty Killed the Cartel Offence (2011). Criminal Law Review, Vol. 6, pp. 446-455, 2011. Available at SSRN: https://ssrn.com/abstract=1866284

Andreas Stephan (Contact Author)

University of East Anglia (UEA) - Centre for Competition Policy ( email )

UEA
Norwich Research Park
Norwich, Norfolk NR4 7TJ
United Kingdom

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