Results 1–20 of 40 for "cartel offence"

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Orders of the Day — Enterprise Bill (10 Apr 2002)

Andrew Lansley: ...bringing articles 85 and 86 straight into UK domestic legislation so that companies would not have to deal with two different types of competition law. In relation to the criminalisation of the cartel offence, we are to be presented with something different. The UK approach to the treatment of hard-core cartels will be different from the EU legislation. I admit that some EU countries have...

Public Bill Committee: Enterprise Bill (23 Apr 2002)

Derek Conway: ...that the programme resolution enables us to sit until 9.55 pm today. I presume that there will be a refreshment break at a convenient point this evening, depending on who is in the Chair.Clause 179 Cartel offence

Public Bill Committee: Enterprise Bill: Clause 181 (23 Apr 2002)

Cartel offence: penalty and prosecution

Public Bill Committee: Enterprise Bill: [Part I] (23 Apr 2002)

Miss Melanie Johnson: ..., except in Scotland. Third-party prosecutions may normally be brought for any offence where the legislation does not exclude them. The amendment would restrict the bringing of prosecutions for the cartel offence to the SFO, but I do not believe that there are grounds for doing so. To ensure the proper working of the leniency regime, it is important that a private prosecution can be...

Public Bill Committee: Enterprise Bill: Clause 182 - Extradition (23 Apr 2002)

Nigel Waterson: I beg to move amendment No. 92, in page 132, leave out lines 31 and 32. This is a fairly short point but it fairly puzzling to say the least. Clause 179 contains the main offence, the so-called cartel offence. Clause 179(1) makes it clear that there must not only be dishonesty but the individual must agree ''with one or more other persons to make or implement, or to cause to be made or...

Public Bill Committee: Enterprise Bill: Clause 183 - Investigation of offences under section 179 (23 Apr 2002)

Miss Melanie Johnson: ... ''only for the purposes of an investigation under subsection (1)''. Under subsection (1), the OFT may only ''conduct an investigation if there are reasonable grounds for suspecting that'' the cartel offence ''has been committed''. I entirely sympathise with the points that the hon. Members for Huntingdon and for Orkney and Shetland (Mr. Carmichael) made, but I believe that the...

Public Bill Committee: Enterprise Bill: Clause 184 - Powers when conducting an investigation (23 Apr 2002)

Nigel Waterson: ...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...

Public Bill Committee: Enterprise Bill: Clause 190 - Surveillance powers (23 Apr 2002)

Alistair Carmichael: ...for intrusive surveillance under the 2000 Act, its use must be proportionate to what is sought to be achieved, and it must also 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 by...

Public Bill Committee: Enterprise Bill: Clause 195 - Disqualification (23 Apr 2002)

Jonathan Djanogly: ...not being questioned, although we believe that it would make sense for it to be spelled out in the Bill. That would be part of the effect of amendment No. 115, which would insert the new section 179 cartel offence as a breach of competition law. However, the Bill goes further by extending the definition of breaches of competition law to include chapter 1 and 2 prohibitions and breaches...

Public Bill Committee: Enterprise Bill: Clause 20 - Duty to make references in relation to completed mergers (25 Apr 2002)

Andrew Lansley: ...be a pro-competitive decision. I entirely take my hon. Friend's point, and that was why I offered my ha'p'orth on the Competition Act 1998. I found it interesting. It was true in relation to the cartel offence, and it is true in this instance. In 1998, the Government took the view that for reasons of predictability—again—and consistency, it was entirely desirable that the structure...

Enterprise Bill (Programme) (No. 3) (13 Jun 2002)

Alistair Carmichael: ...in Committee. I accept—I may as well place this on record now because we shall never be able to debate the issue later—that the Minister has tabled very welcome amendments in relation to the cartel offence and, in particular, to obtaining warrants in Scotland, for which I take this opportunity to thank her publicly. However, one inevitably has to wonder about the efficacy of a system...

Orders of the Day — Enterprise Bill — [2nd Allotted Day]: Clause 272 — Commencement (17 Jun 2002)

Alistair Carmichael: ...cartels. I have severe reservations, however, about the practical aspects of their prosecution. Were I still in practice as a solicitor, I would much prefer to defend a client on a charge under the cartel offence provisions than to try to gain a prosecution. I regret that we were not able to make more progress today in relation to the protection of consumers. I welcome, as far as it goes,...

Enterprise Bill (2 Jul 2002)

Baroness Miller of Hendon: ...will create. However, despite the reference to fixing share markets in the Government's website, that does not appear to be covered in Part 6, especially in Clause 183, which creates the so-called cartel offence. Have the Government dropped those proposals or have I missed them? Finally on the competition aspect, the Government have promised greater rights for individuals to bring damages...

Enterprise Bill (18 Jul 2002)

Amendment, by leave, withdrawn. Schedule 12 agreed to. Clause 183 [Cartel offence]:

Enterprise Bill (22 Jul 2002)

On Question, Motion agreed to. House in Committee accordingly. [THE DEPUTY CHAIRMAN OF COMMITTEES (Lord Lyell) in the Chair.] Clause 185 [Cartel offence: penalty and prosecution]:

Enterprise Bill (29 Jul 2002)

Lord Kingsland: ...relevant measures set out in Schedule 15. This would mean that information obtained by the OFT— by using the more extensive powers available to it under Part 6 in the investigation of a purported cartel offence which is not pursued to prosecution, or where there was no realistic expectation that a prosecution would ensue—could be used for civil proceedings if the information indicates...

Enterprise Bill (30 Jul 2002)

Lord Sainsbury of Turville: This amendment seeks to exclude Part 6 of the Bill—which deals with the cartel offence—from the provisions in Clause 273, under which the Secretary of State is given the power to make supplementary, incidental or consequential provisions by order. This clause provides the flexibility to make by delegated legislation any minor revisions to legislation that are required to ensure that the...

Enterprise Bill (15 Oct 2002)

Lord Borrie: ...investigation. Subsequently, someone else will do the balancing and hold the ring and reach a conclusion. In this Bill, for the very first time, there is even provision for something called a "cartel offence" in which the OFT, with the Serious Fraud Office, will be the prosecutor. It will be the courts, however, that determine whether that case is justified.


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