p. 40910. Competition Act 1998 and the cartel offence: public enforcement and procedure
- Richard WhishRichard WhishEmeritus Professor of Law at King’s College London
- , and David BaileyDavid BaileyProfessor of Practice in Competition Law at King’s College London
Abstract
This chapter describes the system of public enforcement under the Competition Act 1998. This chapter begins with a consideration of the way in which inquiries and investigations are carried out under the Competition Act. It briefly considers the position of complainants to the CMA, followed by a discussion of the extent to which it may be possible to receive guidance from the CMA on the application of the Act. The chapter then describes the powers of the CMA to enforce the Competition Act, the criminal law cartel offence and the provisions on company director disqualification. It concludes with a discussion of concurrency, appeals under the Competition Act and the Government’s review of the operation of the Competition Act between 2014 and 2019.
Keywords
- Enforcement of the Chapter I and II prohibitions
- Human Rights Act
- ERRA
- Section 25 threshold
- Prioritisation
- Written inquiries
- Interviews
- Power to enter premises without a warrant
- Power to enter business premises with a warrant
- Power to enter domestic premises with a warrant
- Surveillance
- Privilege
- Self-incrimination
- Confidentiality
- Section 40A penalty
- Offences
- Complaints
- Opinions
- Informal advice
- Warning letters
- Statement of objections
- Procedural officer
- Commitments
- Interim measures
- Directions
- Penalties
- Guidance on penalties
- Immunity for small agreements
- Immunity for conduct of minor significance
- Settlement
- Leniency
- Type A immunity
- Type B immunity
- Type B leniency
- Type C leniency
- Leniency plus
- Leniency and no-action guidance
- Cartel offence
- Prosecution guidance
- Powers of investigation and search
- Power of surveillance
- Defences
- No-action letters
- Extradition
- Conspiracy to defraud at common law
- Company director disqualification
- Concurrency
- Concurrency Regulations
- Concurrency Guidance
- UK Competition Network Appeals
- Appealable decision
- Merits
- Judicial Review
- Competition Appeal Tribunal Rules
- Guide to Proceedings
- Procedure
- Powers
- Costs
- Appeals to the Court of Appeal
- Review of the Competition Act
