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In March 2011, the government released its BIS consultation outlining proposals for reform of the UK competition regime. Included within the proposals are suggestions to amend the criminal cartel offence by replacing the dishonesty element with one of four alternative options. This article seeks to examine the main concerns expressed in relation to the current offence and how such concerns might be addressed with reform. In pursuance of this, the article considers the perceived problems with the dishonesty element and, therein, proceeds to assess the merits of each of the four proposed options in turn. It concludes by recommending the introduction of prosecutorial guidance, in accordance with Option One, as the preferable course of reform.
To read the rest of this article, see Competition Law Journal: , Issue 1, Articles (link for online subscribers who have already logged in click here).
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