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Competition Law

Analysis - debate - current awareness

06 OCT 2011

Closing the Deterrence Gap: Individual Liability, the Cartel Offence and the BIS Consultation [2011] Com Law 175

This article demonstrates the need for individual criminal liability for the cartel offence, given the under deterrence inherent in the present EU and UK anti-cartel regime. Additionally, of the four options for overhaul of s 188 of the Enterprise Act proposed in the BIS consultation, the only adequate option is to remove the dishonesty element and replace it with prosecutorial guidelines.
Bruce Wardhaugh

To read the rest of this article, see Competition Law Journal: [2011], Issue 3,  Articles (link for online subscribers who have already logged in click here).

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Competition Law Journal

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