Show Summary Details
Page of

(p. 285) 12. The cartel offence 

(p. 285) 12. The cartel offence
Chapter:
(p. 285) 12. The cartel offence
Author(s):

Sandra Marco Colino

DOI:
10.1093/he/9780198725053.003.0012
Page of

PRINTED FROM OXFORD LAW TROVE (www.oxfordlawtrove.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Law Trove for personal use (for details see Privacy Policy and Legal Notice).

date: 20 June 2021

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.

Access to the complete content on Law Trove requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access code, please see the information provided with the code or instructions printed within the title for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can't find the answer there, please contact us.