The criminal investigation process for the cartel offence
Produced in partnership with Kingsley Napley
The criminal investigation process for the cartel offence

The following Corporate Crime practice note produced in partnership with Kingsley Napley provides comprehensive and up to date legal information covering:

  • The criminal investigation process for the cartel offence
  • The relationship between the CMA and the SFO
  • Powers to require documents
  • Offences relating to the investigatory stages under EnA 2002
  • Interviews where cartel offences are suspected
  • SFO/CMA compulsory interviews
  • Parallel civil and criminal investigations
  • Civil and criminal powers of the CMA
  • CMA’s leniency programme
  • Potential for extradition

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for corporate crime?

BREXIT: The law and practice referred to in this Practice Note may be impacted by Brexit. For further information on the potential impact, see: The effect of Brexit on UK competition law in a deal or no deal scenario.

Section 188 of the Enterprise Act 2002 (EnA 2002) makes it a criminal offence for an individual to agree with one or more other persons that two or more undertakings will engage in certain prohibited cartel arrangements. This includes price-fixing, market-sharing, limitation of production or supply and bid-rigging. The offence applies in respect of agreements both to make or implement such arrangements and also to cause such arrangements to be made or implemented. The criminal offence will be committed irrespective of whether the agreement reached is actually implemented by the undertakings. There are a number of defences available. See further, The

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