Competition, Cartels and price fixing
Since 2003 and the implementation of Part 6 of the Enterprise Act 2002, it has been a criminal offence for an individual dishonestly to engage in price fixing, bid rigging, the limitation of supply or production or market sharing. Those individuals responsible for cartel behaviour face imprisonment.
We have been involved in all of the leading cases in this hugely expanding area of law. Our clients have included companies, their directors and senior employees facing or susceptible to investigation by the OFT in the UK, the European Commission or the US Department of Justice.
- Fruit import/export
- Rubber chemicals/nitrile
- Construction
- Airline (Cargo)
- Airline (Long Haul passenger)
- DRAM (Digital Random Access Memory)
No company can afford to ignore the impact of the Act given its serious implications for all UK companies and those that operate across national borders. From our experience in dealing with corporate and individual clients suspected of fraud we are ideally placed to represent both companies and individuals that are the subject of cartel investigations.
We regularly provide training to City lawyers and their clients on the criminalisation of alleged cartel or price fixing behaviour. In recognition of our leading role in this field, we have been invited by the OFT to contribute to their consultation exercise on guidance under their novel leniency programme.
Whilst the Enterprise Act has imposed criminal liability upon individuals, companies remain liable in civil law. In that parallel arena we act on behalf of the Secretary of State for Health, the Prescription Pricing Authority and National Health Authorities in claims against a number of leading pharmaceutical companies for price fixing in relation to the supply of generic drugs to the NHS. These claims have already successfully led to recoveries for the NHS of £30million.