The law of criminal cartels : practice and procedure

Author(s)

    • O'Kane, Michael
    • Nakhwal, Jasvinder
    • Simor, Jessica
    • O'Flaherty, John

Bibliographic Information

The law of criminal cartels : practice and procedure

Michael O'Kane ; with contributions by Jasvinder Nakhwal, Jessica Simor and John O'Flaherty

Oxford University Press, 2009

Available at  / 4 libraries

Search this Book/Journal

Note

Includes bibliographical references and index

Description and Table of Contents

Description

The Law of Criminal Cartels provides comprehensive coverage of the cartel offence introduced into UK law by the Enterprise Act 2002, as well as of the related powers of the main regulators in the UK, EU, and overseas. The appearance of cartel conduct presents new challenges for lawyers straddling the traditionally unrelated areas of criminal and competition law. The book is a main tool of reference for practitioners uncovering a potentially criminal cartel and considering the position of the company or individual, and for practitioners advising corporate and individual clients who are the subject of UK criminal and cartel investigations with ramifications in other jurisdictions. This book is the first work to focus exclusively on the UK cartel offence from the practitioner's perspective. The text provides an analysis of the relevant black letter law and procedure - bringing together the criminal, regulatory, and civil law regimes. It provides detailed coverage of the history and development of anti-cartel enforcement, examining in depth the elements of the offence that give rise, for the first time, to personal criminal liability in the UK. This analysis includes identifying issues with the statutory offence where clarification through case law is likely to be required. It also takes clear account of the international perspective, providing a detailed exposition of the UK, EU and US regimes, as well as the main regimes where such conduct is criminalised. Designed to address the problems that arise in practice, the book focuses on thorny topics such as competing jurisdictions; the interaction between criminal and regulatory investigations (information-sharing and other types of co-operation); and conflicts of interest. It also includes a full guide to the OFT's recently revised leniency regime. The appendices include relevant OFT guidance and statutory provisions including Part 1 of the Sherman Act 1890, Part 6 of the Enterprise Act 2002, OFT Leniency Guidance and the OFT Investigative Powers Guidance.

Table of Contents

  • 1. A General History of Criminal Cartels
  • What is a Cartel?
  • The US Approach to Cartels
  • The European Community Approach to Cartels
  • Cartel Enforcement in the UK
  • International Cooperation
  • The Relevant Institutions
  • 2. UK Criminal Cartel Conduct
  • Introduction
  • The 'Hard Core Cartel'
  • The Cartel Offence
  • Conspiracy to Defraud
  • 3. Criminal Cartel Investigations in the UK
  • Introduction
  • OFT Powers of Investigation
  • Disclosure of Information Obtained in an Investigation
  • Parallel Civil and Criminal Investigations
  • Dealing with a Dawn Raid
  • 4. The Conduct of Civil Cartel Investigations in the UK
  • Introduction
  • Investigations under the Competition Act
  • The Investigatory Powers
  • Investigations by the European Commission Part II of the Act
  • Matters Applicable to All Investigations
  • 5. Criminal Immunity in the UK and US
  • United Kingdom:
  • Introduction
  • Type A Immunity
  • Type B Immunity
  • Commission Immunity Outside UK: Type A and B
  • The Coercer Test in Type A, Type B, and Corporate Immunity Cases
  • Criminal Immunity in Type B or C Leniency Cases
  • 'Public Interest'
  • Criminal Immunity: Preliminary Issues
  • Conditions for Immunity
  • Conduct of Interviews in Immunity/Leniency Applications
  • Transfer of Information
  • Value of the No-action Letter
  • Revocation of a No-action Letter
  • United States:
  • Introduction
  • Corporate Leniency Policy 10 August 1993
  • Leniency Policy for Individuals 10 August 1994
  • Revocation of Immunity
  • Incentives to Self-report
  • Second-In Cooperation/ Non-immunity Applicant
  • Information Transfer
  • 6. Prosecution of Cartel Offences in the UK
  • Introduction
  • The Pre-Trial Process
  • The Trial Process
  • Consequences of a Conviction
  • 7. Territoriality in Criminal Cartel Investigations
  • Introduction
  • Mutual Legal Assistance
  • Concurrent UK/US Cartel Investigations
  • Extradition
  • 8. Criminal Cartel Regimes in Other Jurisdictions
  • Introduction
  • The United States
  • France
  • Germany
  • Ireland
  • South Africa
  • Brazil
  • Japan
  • Canada
  • Australia
  • Russian Federation
  • A Summary of the Criminal Cartel Regime in EU Member States
  • APPENDICES
  • Appendix 1: Enterprise Act 2002 (Part 6)
  • Appendix 2: Enterprise Act 2002, Part 6 Explanatory Notes
  • Appendix 3: OFT, The Cartel Offence: Guidance on the Issue of No-action Letters for Individuals
  • Appendix 4: Leniency and No-action - The Office of Fair Trading's Guidance Note on the Handling of Applications
  • Appendix 5: OFT, Powers for Investigating Criminal Cartels - Guidance
  • Appendix 6: Memorandum of Understanding between the Office of Fair Trading and the Director of the Serious Fraud Office

by "Nielsen BookData"

Details

Page Top