The following Corporate Crime practice note Produced in partnership with Kingsley Napley provides comprehensive and up to date legal information covering:
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 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 UK criminal cartel offence
The Competition and Markets Authority (CMA) will exercise its powers under the Enterprise Act 2002 to investigate individuals suspected of involvement in a criminal cartel. In theory, such an investigation will take place in close co-operation with the Serious Fraud Office (SFO). However in reality, the CMA will take the lead.
The CMA has a Memorandum of Understanding (MOU) with the SFO which records the basis on which they will co-operate to investigate and/or prosecute individuals in
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Scott Schedules are often very useful in construction disputes. They help to identify the key issues between the parties, and to set out for the judge in a single document a summary of the parties’ rival cases on an item-by-item basis.The need for a Scott Schedule in construction cases arises
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
Summary assessment is the procedure whereby costs are assessed by the judge who has heard the case or application (see Practice Note: Summary assessment). This Practice Note sets out how to complete a statement of costs using court Form N260 or in such form that closely follows Form N260. It
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