Show Summary Details
Competition Law of the EU and UK

Competition Law of the EU and UK (8th edn)

Sandra Marco Colino
Page of

Printed from Oxford Law Trove. Under the terms of the licence agreement, an individual user may print out a single article for personal use (for details see Privacy Policy and Legal Notice).

date: 01 April 2023

p. 28512. The cartel offencelocked

p. 28512. The cartel offencelocked

  • Sandra Marco ColinoSandra Marco ColinoResearch Assistant Professor at the Chinese University of Hong Kong


This chapter discusses cartel offence, contained in Part 6 of the Enterprise Act 2002 (EA), and in particular section 188, which made it a criminal offence to engage in cartel activity implemented in the UK. It applies to horizontal price fixing, market sharing, bid rigging, and production limitation agreements. Individuals can be prosecuted and may face imprisonment and/or individual fines. In its original formulation, the cartel offence had limited success. In 2013, the Enterprise and Regulatory Reform Act 2013 (ERRA) introduced three important modifications to section 188 of the EA: it removed the requirement that the conduct be ‘dishonest’; it added a section 188A with a list of exclusions, or circumstances under which engaging in a cartel would not be ‘criminal’ and it included, in new section 188B, possible defences.

You do not currently have access to this chapter

Sign in

Please sign in to access the full content.


Access to the full content requires a subscription