How dishonesty killed the cartel offence

Stephan, Andreas ORCID: (2011) How dishonesty killed the cartel offence. Criminal Law Review, 6. pp. 446-455. ISSN 0011-135X

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dishonest, poor case selection by the OFT and the collapse of the first full trial, all suggest the offence should be repealed or reformed.

Item Type: Article
Faculty \ School: Faculty of Social Sciences > School of Law
UEA Research Groups: Faculty of Social Sciences > Research Groups > Competition, Markets and Regulation
Faculty of Social Sciences > Research Centres > Centre for Competition Policy
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Depositing User: Andreas Stephan
Date Deposited: 27 Sep 2011 08:11
Last Modified: 13 Jan 2024 01:20

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