Competition Policy and Scottish Independence

July 1, 2014

(by Andreas Stephan) On 18 September 2014 Scottish residents will be asked whether Scotland should be an independent country. A discussion was held at the recent Antitrust Enforcement Symposium (held by the University of Oxford’s Centre for Competition Law and Policy) regarding competition policy in an independent Scotland. This blog piece focuses on the impact independence would have on competition enforcement in Britain. Read the rest of this entry »


The First Real Test of Sentencing for the UK Cartel Offence

June 24, 2014

(by Andreas Stephan) A former managing director charged with the UK’s cartel offence has pleaded guilty to the criminal offence of price fixing. Peter Nigel Snee pleaded guilty to fixing the price of galvanised steel tanks used for water storage and now awaits sentencing. His case provides an important first test for the sentencing of cartelists under the UK’s criminal offence. Although Snee is the fourth individual to be convicted of the offence, the first three (in the Marine Hoses case) actually requested custodial sentences because of the peculiar conditions of a plea bargain entered into with the US Department of Justice. The issue of whether Snee receives a custodial sentence is important to justifying the use of criminal sanctions in UK cartel enforcement. Read the rest of this entry »


The UK’s New Cartel Offence: It Could Be Alright on the Day

July 9, 2013

(by Andreas  Stephan) The Enterprise and Regulatory Reform Act 2013 drops the requirement of dishonesty and excludes cartel agreements made openly. At a late stage three additional defences were introduced (s.47 ERRA). The defendant can show they did not intend that the nature of the arrangements be hidden from either their customers or the competition authority. It will also be a defence to show that a defendant took reasonable steps to disclose the nature of the agreement to lawyers, in order to get advice, prior to its making or implementation. Writing on this blog a couple of months ago, my colleague Peter Whelan expressed concern that this defence could pose a devastating blow to the cartel offence. Here I reflect on how this defence could pan out. Read the rest of this entry »


Does the UK’s New Cartel Offence Contain a Devastating Flaw?

May 21, 2013

(by Peter Whelan) On 25 April 2013, after almost one year of making its way through Parliament, the Enterprise and Regulatory Reform Bill finally received Royal Assent.  The UK Cartel Offence will be reformed in a number of significant ways when this piece of legislation comes into force later in the year.[1] Unfortunately, a potentially devastating flaw has crept into what started out as a very positive reform. Read the rest of this entry »


Monitor’s Advice to the OFT and the New Healthcare Regulation

February 20, 2013

(by Mary Guy)[1] On 11 February, Monitor (the UK’s independent regulator of NHS foundation trusts) published its advice to the Office of Fair Trading (OFT) regarding the anticipated merger of Poole Hospital NHS Foundation Trust and The Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust (hereafter “the Dorset FT merger”). This is the first NHS merger to be assessed on competition grounds under the Enterprise Act 2002 (EA02) merger provisions as implemented by the Health and Social Care Act 2012 (HSCA 2012). It has been referred by the OFT to the Competition Commission (CC), which will produce its final report by June 24, 2013. Read the rest of this entry »


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