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In light of the recent signal from the Office of Fair Trading that it intends to use previously unflexed muscle in seeking disqualification orders against directors of companies found to have breached competition law, this article examines the value of the insolvency law experience in predicting both the procedural and substantive approach to this untested power. It argues that the practice that has developed over the last 20 years around the making of disqualification orders in the insolvency context is directly relevant to the application of the competition disqualification order power given the two all ultimately concerned with the same issue: the fitness of the director in question. The article goes on to use the insolvency experience to offer responses to specific procedural and substantive questions currently facing competition law practitioners and their clients on the scope and application of the competition disqualification order power.
Nicole Kar, Robert Walker and Glen Davis QC
To read the rest of this article, see Competition Law Journal: , Issue 4, Articles (link for online subscribers who have already logged in click here).
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A comprehensive service bringing together the case-law of the Competition Appeal Tribunal