Clause 184 - Powers when conducting an investigation
Enterprise Bill
5:15 pm
Mr Nigel Waterson (Eastbourne, Conservative)
I am grateful for that intervention, but I cannot be as helpful as I would wish in response as I do not know on what basis the company was said to be unfit to trade.
We must be careful about allowing the cartel offence, which will be a serious offence with major criminal sanctions attached, to be misused to attack a company for which other remedies are already available. It may be that the company is unfit to trade because its goods are not merchantable or they never appear, or that it is overcharging for them or using abusive selling methods. Is the hon. Gentleman saying that unless there is prima facie evidence of that company being involved in a cartel—I am happy to give way if the hon. Gentleman can confirm or deny that—