The Law of Criminal Cartels: Practice and Procedure

Hardcover | October 17, 2009

byMichael OKane

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The Law of Criminal Cartels provides comprehensive coverage of the cartel offence introduced into UK law by the Enterprise Act 2002, as well as of the related powers of the main regulators in the UK, EU, and overseas. The appearance of cartel conduct presents new challenges for lawyersstraddling the traditionally unrelated areas of criminal and competition law. The book is a main tool of reference for practitioners uncovering a potentially criminal cartel and considering the position of the company or individual, and for practitioners advising corporate and individual clients whoare the subject of UK criminal and cartel investigations with ramifications in other jurisdictions.This book is the first work to focus exclusively on the UK cartel offence from the practitioner's perspective. The text provides an analysis of the relevant black letter law and procedure - bringing together the criminal, regulatory, and civil law regimes. It provides detailed coverage of thehistory and development of anti-cartel enforcement, examining in depth the elements of the offence that give rise, for the first time, to personal criminal liability in the UK. This analysis includes identifying issues with the statutory offence where clarification through case law is likely to berequired. It also takes clear account of the international perspective, providing a detailed exposition of the UK, EU and US regimes, as well as the main regimes where such conduct is criminalised. Designed to address the problems that arise in practice, the book focuses on thorny topics such ascompeting jurisdictions; the interaction between criminal and regulatory investigations (information-sharing and other types of co-operation); and conflicts of interest. It also includes a full guide to the OFT's recently revised leniency regime.The appendices include relevant OFT guidance and statutory provisions including Part 1 of the Sherman Act 1890, Part 6 of the Enterprise Act 2002, OFT Leniency Guidance and the OFT Investigative Powers Guidance.

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The Law of Criminal Cartels provides comprehensive coverage of the cartel offence introduced into UK law by the Enterprise Act 2002, as well as of the related powers of the main regulators in the UK, EU, and overseas. The appearance of cartel conduct presents new challenges for lawyersstraddling the traditionally unrelated areas of cri...

Michael O'Kane is a Partner at Peters and Peters, a leading criminal law firm. He specialises in domestic and international business crime and regulation, and has a particular expertise in cartel investigations. He is a contributor to Jones and Doobay on Extradition and Mutual Assistance (3rd edition, 2006).
Format:HardcoverDimensions:400 pages, 9.69 × 6.73 × 0.98 inPublished:October 17, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199561206

ISBN - 13:9780199561209

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Table of Contents

1. A General History of Criminal CartelsWhat is a Cartel?The US Approach to CartelsThe US Approach to CartelsCartel Enforcement in the UKInternational co-operationThe Relevant Institutions2. UK Criminal Cartel ConductIntroductionThe "Hard Core Cartel"The Cartel OffenceConspiracy to Defraud3. Criminal Cartel Investigations in the UKIntroductionOFT Powers of InvestigationDisclosure of Information Obtained in an investigationParallel Civil and Criminal InvestigationsDealing with a Dawn Raid4. The Conduct of Civil Cartel Investigations in the United KingdomIntroductionInvestigations under the Competition ActThe Investigatory PowersInvestigations by the European Commission Part II of the ActMatters applicable to all investigations5. Criminal Immunity in the UK and USUK:IntroductionType A ImmunityType B ImmunityCommission Immunity Outside UK - Type A and BThe Coercer Test in Type A, Type B and Corporate Immunity casesCriminal Immunity in Type B or C leniency cases"Public Interest"Criminal Immunity-Preliminary IssuesConditions for ImmunityConduct of Interviews in Immunity/Leniency ApplicationsTransfer of InformationValue of the no-action letterRevocation of a no-action letterUnited States:IntroductionCorporate Leniency Policy 10 August 1993Leniency Policy for Individuals 10 August 1994Revocation of ImmunityIncentives to Self-reportSecond-In Cooperation/ Non-immunity applicantInformation Transfer6. Prosecution of Cartel Offences in the UKIntroductionThe Pre-Trial ProcessThe Trial ProcessConsequences of a Conviction7. Territoriality in Criminal Cartel InvestigationsIntroductionMutual Legal AssistanceConcurrent UK/US Cartel InvestigationsExtradition8. Criminal Cartel Regimes in other JurisdictionsIntroductionThe United StatesFranceGermanyIrelandSouth AfricaBrazilJapanCanadaAustraliaRussian FederationA Summary of the Criminal Cartel Regime in EU Member StatesAppendix 1: Enterprise Act 2002, Part 6Appendix 2: Enterprise Act 2002, Part 6 - Explanatory NotesAppendix 3: Office of Fair Trading: The cartel offence - Guidance on the issue of no-action letters for individualsAppendix 4: Leniency and no-action - Office of Fair Trading's guidance note on the handling of applicationsAppendix 5: Office of Fair Trading: Powers for investigating criminal cartels - GuidanceAppendix 6: Memorandum of understanding between the Office of Fair Trading and the Director of the Serious Fraud Office