Results 21–40 of 40 for "cartel offence"

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Enterprise Bill (15 Oct 2002)

Lord Sainsbury of Turville: ...on competition in many markets, we believe that that is appropriate. Clause 191 provides for professional privilege in respect of legal and banking material in the context of investigations of the cartel offence. Amendment No. 157 provides a different way of accounting for the equivalent in Scotland of legal professional privilege. I am grateful to the noble Lord, Lord Hunt of Wirral, and...

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 (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 (22 Jul 2002)

Lord McIntosh of Haringey: ...do, is not the direction in which we would be inclined to move. The origins of this privilege lie in the Criminal Justice Act 1987 which we have used as a model for the investigatory powers for the cartel offence. Section 2 of that Act confers powers of investigation with respect to serious fraud investigations. Since the OFT and the SFO will be working closely together on cartel...

Enterprise Bill (18 Jul 2002)

Amendment, by leave, withdrawn. [Amendments Nos. 180 to 183 not moved.] Clause 183 agreed to. Clause 184 agreed to. Clause 185 [Cartel offence: penalty and prosecution]: [Amendment No. 184 not moved.]

Enterprise Bill (2 Jul 2002)

Lord Borrie: ...offering to spend another week in gaol in return for a lower fine". My only question to the Government is, should we not have a definition of the word "dishonestly" in the description of the new cartel offence in Clause 183? After all, this is a criminal offence. People must be entitled to know the exact ingredients of the offence. In response to a point made by the noble Lord, Lord...

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 (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...

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...

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 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 184 - Powers when conducting an investigation (23 Apr 2002)

Miss Melanie Johnson: ...Nos. 98, 99, 101, 103, 105 and 106 are designed to provide the right to silence, the right against self-incrimination and the right to legal representation to persons being investigated for the cartel offence. Such safeguards are indeed proper and necessary where evidence given by someone under investigation may later be used as evidence in court against them. OFT officers investigating a...

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 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: [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 181 (23 Apr 2002)

Cartel offence: penalty and prosecution

Public Bill Committee: Enterprise Bill: Clause 179 - Cartel offence (23 Apr 2002)

Miss Melanie Johnson: ...different legal persons, so we do not believe that that would cause a serious problem. A question was asked about the relationship between honest business people and the criminalisation of the cartel offence. Honest business people have nothing to fear. The new offence has been drawn to cover only clear-cut cases of hard-core cartel activity. Bona fide business agreements are not entered...

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 179 - Cartel offence (18 Apr 2002)

Jonathan Djanogly: I cannot foresee any circumstances in which prosecution would not be extremely complicated, which is what we shall argue on clause stand part. The point is whether someone should go to prison for a cartel offence. Surely, the matter should be beyond reasonable doubt.

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

Miss Melanie Johnson: ...step forward, as the then Secretary of State for Trade and Industry pointed out, and was much quoted by Opposition Members. The prohibitions are only against firms. We are building on that. The cartel offence will have a serious deterrent effect and that obviously relates to individuals. Merger and market reforms are sensible and have received widespread support. The hon. Member for...


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