Antitrust / Competition Law

Law of Cartels, 2nd Edition

By Mark Jephcott
LexisNexis U.K. July 2011

Specifications

ISBN-13
9781846612763
Publisher
LexisNexis U.K.
Publication
July 2011
Format
Hardback
Jurisdiction
European Union, U.K. ? Countri(es) for reference only

Details

An authoritative practitioner work offering practical advice for both lawyers advising companies and for company directors. 


The law against hard core cartel activity involving conspiracies such as price fixing, bid rigging and market sharing agreements between competitors is widely regarded as the centrepiece of competition law. It is a priority for both EU and UK competition authorities.
The Law of Cartels is an authoritative practitioner work offering practical advice for both lawyers advising companies and for company directors. In addition  to a comprehensive overview of the main aspects of the law, it offers guidance on dealing with cartel investigations by the competition authorities, implementing compliance programmes to reduce the risk of cartel activity taking place, and examines the options for companies accused of hard-core cartel activity.
This new edition has been extensively re-written to take on board changes in the law affecting the enforcement regimes at both the UK and EU level. It examines in detail recent developments such as
  •  the increasing regulation of information exchange
  •  the refinement of the concept of ‘hub and spoke’ cartels
  •  the first criminal conviction under UK Cartel offence
  •  revised EU fining guidelines and rising fines
  •  and revised EU leniency guidelines.

Table of Contents

Acknowledgments 
Foreword 
Introduction 
Table of Cases 
Table of Statutes 
Table of Statutory Instruments 
Table of European Materials 
Table of OFT Material

Part 1
EU and UK Civil Law
  • ‘Hard-Core’ Cartels in the EU and the UK
  • The Civil Infringement under EU and UK Law
  • Investigations by the Enforcement Agencies
  • Fines
  • Leniency
  • Settlements
Part 2
Criminalisation of Cartels
  • The Role of Criminal Enforcement
  • Criminalisation of Cartels in the UK
Part 3
Practical Guidance in Relation to Cartels
  • Dealing with the Anti-Cartel Enforcement Agencies and Global Cartels
  • Dawn Raids
  • Compliance
Appendix 1
European Commission Guidelines on the Method of Setting Fines
Imposed Pursuant to Article 23(2)(a) of Regulation No 1/2003

Appendix 2
European Commission Notice on Immunity from Fines and Reduction of
Fines in Cartel Cases

Appendix 3
OFT’s Guidance as to the Appropriate Amount of a Penalty

Appendix 4
Commission Notice on the Conduct of Settlement Procedures in view of
the Adoption of Decisions pursuant to Article 7 and Article 23 of
Council Regulation (EC) No 1/2003 in Cartel Cases

Index

About the Author

Mark Jephcott Solicitor
Contributing Editor
Munesh Mahtani
 Solicitor
With a Foreword by Peter Freeman CBE QC, Chairman of the UK Competition Commission

Reviews

Reviews of the first edition
“No serious practitioner in competition law should be without it and many general practitioners will want a copy behind their desk … an admirable work which brings an impressively clear and practical focus on this important area of law.” 
European Competition Law Review
“… an excellent introduction to the law of cartels and deserves to be on the bookshelves of practitioners, academics and industrialists.” 
International Company and Commercial Law Review
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