Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Monday, August 1, 2011

How Dishonesty Killed the Cartel Offence

Posted by D. Daniel Sokol

Andreas Stephan, University of East Anglia (UEA) - Centre for Competition Policy explains How Dishonesty Killed the Cartel Offence.

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dishonest, poor case selection by the OFT and the collapse of the first full trial, all suggest the offence should be repealed or reformed.

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