Law of Cartels, 2nd Edition

Author: Mark Jephcott
Publisher: LexisNexis U.K.
ISBN: 9781846612763
Published In: July 2011
Format: Hardback
Jurisdiction: European Union, U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author
Reviews

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.

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

Mark Jephcott Solicitor

Contributing Editor
Munesh Mahtani Solicitor

With a Foreword by Peter Freeman CBE QC, Chairman of the UK Competition Commission

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