Did you mean "carter offence"?
...is made otherwise than under or in accordance with a “qualifying cooperation arrangement” (defined by Amendment 135). Amendment 134, page 206, line 7, at end insert— “Part 6 of EA 2002 (cartel offence): the CMA exercising its powers under sections 193 and 194 of EA 2002 as if, by assisting O’s carrying out of functions which correspond or are similar to the functions of the CMA...
Paul Scully: ...itself. Clause 134 makes similar amendments to the CMA’s power to require the production of electronic information when executing a warrant during an investigation into a suspected criminal cartel offence under part 6 of the Enterprise Act 2002. Clause 119 amends part 1 of schedule 1 to the Criminal Justice and Police Act 2001, to include the power of the CMA to undertake an inspection...
Seema Malhotra: ...preserve evidence before and after the CMA has made a formal request. We believe that it is consistent with the existing duty to preserve evidence under section 201(4) of the Enterprise Act 2002 on cartel offence investigations. We note, however, that the duties within this clause do not apply “where the person has a reasonable excuse to do so.” I—and, I am sure, others—would...
Robert Buckland: ...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 Regulations 2008 and The Business...
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...
Emily Thornberry: To ask the Attorney-General when the Serious Fraud Office most recently prosecuted a cartel offence.
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 implications....
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...
Edward Davey: ..., 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.
Clause 40 — Cartel Offence
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...
...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 merger...
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...
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...
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...
Baroness Scotland of Asthal: ...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 Condon, made...
Jonathan Djanogly: ...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 activities in the...
Baroness Scotland of Asthal: ...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 prevent a...
Clause 182 — Cartel Offence: Supplementary
Lord McIntosh of Haringey: ...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]:
