Overview

This book 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 abroad. The appearance of cartel conduct presents new challenges for lawyers, straddling 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 who are the subject of UK criminal cartel investigations with ramifications in other jurisdictions.

Full Product Details

Author:   Michael O'Kane (Partner and Head of the Fraud and Regulatory Department, Peters & Peters)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.60cm , Height: 3.00cm , Length: 25.20cm
Weight:   0.922kg
ISBN:  

9780199561209

ISBN 10:   0199561206
Pages:   456
Publication Date:   03 September 2009
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Out of Print
Availability:   Out of stock  

Table of Contents

1. A General History of Criminal Cartels ; What is a Cartel? ; The US Approach to Cartels ; The European Community Approach to Cartels ; Cartel Enforcement in the UK ; International Cooperation ; The Relevant Institutions ; 2. UK Criminal Cartel Conduct ; Introduction ; The 'Hard Core Cartel' ; The Cartel Offence ; Conspiracy to Defraud ; 3. Criminal Cartel Investigations in the UK ; Introduction ; OFT Powers of Investigation ; Disclosure of Information Obtained in an Investigation ; Parallel Civil and Criminal Investigations ; Dealing with a Dawn Raid ; 4. The Conduct of Civil Cartel Investigations in the UK ; Introduction ; Investigations under the Competition Act ; The Investigatory Powers ; Investigations by the European Commission Part II of the Act ; Matters Applicable to All Investigations ; 5. Criminal Immunity in the UK and US ; United Kingdom: ; Introduction ; Type A Immunity ; Type B Immunity ; Commission Immunity Outside UK: Type A and B ; The Coercer Test in Type A, Type B, and Corporate Immunity Cases ; Criminal Immunity in Type B or C Leniency Cases ; 'Public Interest' ; Criminal Immunity: Preliminary Issues ; Conditions for Immunity ; Conduct of Interviews in Immunity/Leniency Applications ; Transfer of Information ; Value of the No-action Letter ; Revocation of a No-action Letter ; United States: ; Introduction ; Corporate Leniency Policy 10 August 1993 ; Leniency Policy for Individuals 10 August 1994 ; Revocation of Immunity ; Incentives to Self-report ; Second-In Cooperation/ Non-immunity Applicant ; Information Transfer ; 6. Prosecution of Cartel Offences in the UK ; Introduction ; The Pre-Trial Process ; The Trial Process ; Consequences of a Conviction ; 7. Territoriality in Criminal Cartel Investigations ; Introduction ; Mutual Legal Assistance ; Concurrent UK/US Cartel Investigations ; Extradition ; 8. Criminal Cartel Regimes in Other Jurisdictions ; Introduction ; The United States ; France ; Germany ; Ireland ; South Africa ; Brazil ; Japan ; Canada ; Australia ; Russian Federation ; A Summary of the Criminal Cartel Regime in EU Member States ; APPENDICES ; Appendix 1: Enterprise Act 2002 (Part 6) ; Appendix 2: Enterprise Act 2002, Part 6 Explanatory Notes ; Appendix 3: OFT, The Cartel Offence: Guidance on the Issue of No-action Letters for Individuals ; Appendix 4: Leniency and No-action - The Office of Fair Trading's Guidance Note on the Handling of Applications ; Appendix 5: OFT, Powers for Investigating Criminal Cartels - Guidance ; Appendix 6: Memorandum of Understanding between the Office of Fair Trading and the Director of the Serious Fraud Office

Reviews

This is a much-welcomed and needed book and from a well-recognised practitioner...Michael O'Kane has produced a valuable reference. Katharine Holmes, Consultant, Reed Smith LLP

Author Information

Michael O'Kane is a Partner and Head of the Fraud and Regulatory Department at Peters & 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 & Doobay on Extradition and Mutual Assistance (3rd edition, 2006).

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