Results 1–20 of 40 for "cartel offence"

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Written Answers — Attorney-General: Prosecutions (3 Sep 2014)

Robert Buckland: ...took over many of the functions of the Office of Fair Trading (OFT) together with those of the Competition Commission. In particular, under the Enterprise Act 2002, the CMA has the power to investigate and prosecute individuals for the cartel offence contrary to section 188 of that Act. The CMA also investigates and prosecutes offences under The Consumer Protection from Unfair Trading...

Oral Answers to Questions — Treasury: Consumer Rights Bill (28 Jan 2014)

Vincent Cable: ...policy and the new Competition and Markets Authority, which will come into effect in April with strong new powers to take robust decisions more quickly. Changes we have made to the criminal cartel offence will enable the CMA to address the pernicious influence of cartels. What we are doing in the UK is mirrored in what is happening in the European Union. There are people who think that the...

Written Answers — Attorney-General: Serious Fraud Office (19 Mar 2013)

Emily Thornberry: To ask the Attorney-General when the Serious Fraud Office most recently prosecuted a cartel offence.

Enterprise and Regulatory Reform Bill — Report (1st Day) (Continued) (26 Feb 2013)

Viscount Younger of Leckie: My Lords, there is wide agreement in both Houses that having to prove “dishonesty” makes the criminal cartel offence unnecessarily hard to prosecute, so it is right that Clause 41 removes the dishonesty requirement. However, in the Government’s view one cannot simply remove that requirement and leave the offence otherwise unchanged. Rather, we have had to think through the...

Enterprise and Regulatory Reform Bill — Second Reading (14 Nov 2012)

Lord Marland: ...of the requirement to prove that individual cartelists were acting dishonestly will make prosecutions easy to mount, therefore deterring more cartels. These provisions, which will take out of the cartel offence those arrangements which have been notified to customers or publicised in the prescribed way, will provide a safe harbour for those businessmen engaged in legitimate commercial...

Oral Answers to Questions — Justice: Gas Market Fraud (13 Nov 2012)

Edward Davey: ...Again, I am being asked to prejudge the outcome of the investigations, but I can say to him that if certain offences are proved to have been committed, very serious penalties are attached to them. If a cartel offence, for example, has been committed, it is a very serious one and it has a criminal sentence attached to it.

Public Bill Committee: Enterprise and Regulatory Reform Bill: Clause 39 - Cartel offence (10 Jul 2012)

Norman Lamb: ...to get to the right conclusion. We have consulted on such issues, and the Government consider that this option provides the best solution to the difficult questions arising from the operation of the cartel offence. However, we are of course always prepared to consider reasoned arguments for incrementally improving the provisions in the Bill. In this case, although I do not  accept her...

Public Bill Committee: Enterprise and Regulatory Reform Bill: Examination of Witnesses (21 Jun 2012)

...of London Law Society competition law committee, on whose behalf I am speaking today. We strongly support the Bill in broad terms on the competition side, although we have serious reservations about the cartel offence and the increased powers of the Secretary of State to intervene in public interest matters and market investigations, and have a number of points to raise in relation to...

Public Bill Committee: Enterprise and Regulatory Reform Bill: Examination of Witnesses (19 Jun 2012)

Katja Hall: Yes. On this whole issue around the cartel offence and removing dishonesty, I think we understand the intention behind the proposal. We accept that at the moment it is a high hurdle and therefore difficult to prove dishonesty. Our concern is about getting the change, but in a way that is practical for businesses. Our concern is that if you just remove dishonesty and leave it as...

Written Answers — Business, Enterprise and Regulatory Reform: Construction: Cartels (13 May 2008)

Gareth Thomas: ...in the last five years, however three individuals have recently been charged and are awaiting a court hearing in respect of a cartel involving marine hoses and ancillary equipment. As the criminal cartel offence applies only to individuals, no company has been prosecuted. However, 13 decisions in civil proceedings have been made against 166 companies in relation to breaches of the Chapter...

Written Answers — Business, Enterprise and Regulatory Reform: Office of Fair Trading (13 May 2008)

Gareth Thomas: ...and impose financial penalties. (ii) The Enterprise Act 2002 provides the OFT with powers in relation to the regulatory control of mergers, market investigations and to the enforcement of the cartel offence and certain consumer legislation. Further powers given to the OFT under secondary legislation are: (i) Competition Act 1998 (Office of Fair Trading Rules) Order 2004 which outlines the...

Corruption Bill [HL] (16 Mar 2007)

Baroness Scotland of Asthal: ...have a range of provisions across our criminal law to criminalise corrupt practices in the wider sense of the word "corrupt". These include a common-law offence of misconduct in public office, fraud offences, the cartel offence in the Enterprise Act 2002, and the cheating offence in the Gaming Act 1845, with its successor offence in the Gambling Act 2005, to which the noble Lord, Lord...

Public Bill Committee: Company Law Reform Bill [Lords]: Clause 158 (11 Jul 2006)

Jonathan Djanogly: ...law is another thing that the Government have chosen to ignore. Directors can be held personally liable for breaches of EC and UK competition law. A director who is found guilty of participating in a so-called cartel offence can be disqualified from acting as a director for up to 15 years. A director who is found guilty of dishonestly agreeing to take part in hardcore anti-competitive...

Draft Corruption Bill: Joint Committee Report (16 Jul 2004)

Baroness Scotland of Asthal: ...that it would be cheating on the person you are supposed to be looking after. Other activities, such as connivance between principals are more properly dealt with in other fields of the law. We have the new cartel offence in the Enterprise Act 2003, which is a significant step forward in this respect. With regard to the principal's consent in the private sector, because the law exists to...

Orders of the Day — Enterprise Bill: Clause 182 — Cartel Offence: Supplementary (30 Oct 2002)

Clause 182 — Cartel Offence: Supplementary

Enterprise Bill (28 Oct 2002)

Lord McIntosh of Haringey: ...purposes of the standing orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument." On Question, amendment agreed to. Clause 187 [Cartel offence]:

Enterprise Bill (21 Oct 2002)

Lord Kingsland: ...the, "Power to make consequential amendments etc.", under the Bill. The power is granted under Clause 272. We seek to exclude Part 6 of the Bill from the scope of the clause. Part 6 deals with the cartel offence; that is the offence which has criminal consequences. We believe it inappropriate for a power such as that contained in Clause 272 to affect criminal provisions. I beg to move.

Enterprise Bill (21 Oct 2002)

Lord Kingsland: .... The matter was dealt with in Committee on 29th July 2001 at col. CWH 739 of Hansard. Our concern was that powers that could quite properly be used under Part 6 of the Bill in respect of the new cartel offence—powers that were the equivalent of powers in Part II of the Criminal Justice Act 1987—could be used in relation to purely civil offences. I accept that many of those...

Enterprise Bill (15 Oct 2002)

Lord McIntosh of Haringey: ...for intrusive surveillance under the RIPA to be authorised, its use must be proportionate to what is sought to be achieved and it must meet one of three criteria. The one that will apply for the cartel offence is that the intrusive surveillance is necessary, "for the purpose of preventing or detecting serious crime". It must be the case that the information could not reasonably be obtained...


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