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