Oil tanker Home | First charges in the UK under the criminal cartel offence

First charges in the UK under the criminal cartel offence

10 January 2008

In June 2007 we reported that the OFT, the European Commission and the US Department of Justice were carrying out an investigation into a marine hose cartel. Marine hose is used for transporting oil between tankers and storage facilities.

As a result of these investigations, three UK businessmen were arrested in the United States, where they were attending an industry conference, and charged with breaches of US antitrust law.  Under the terms of a plea bargain reached with the US authorities, all three were allowed to return to the UK to be charged with cartel offences under the Enterprise Act.

The three have now been charged with dishonest participation in a cartel and have been released on bail to appear before magistrates again early this year.  This is the first time that anyone has been charged with a cartel offence under the Enterprise Act.

OFT Chairman, Philip Collins, said: “These charges are a highly significant development in both the UK’s own competition regime and in international cooperation against cartels.  They demonstrate the OFT’s determination to act decisively and innovatively when investigating suspected cartel activity, and in appropriate cases, to bring charges before the UK criminal courts.  Our willingness in this respect should send a clear message to business, that the OFT takes its enforcement responsibilities seriously.”

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Peter Andrews

Partner
T: 08700 86 5035
I: +44 (0)115 906 5035
E: peter.andrews@shoosmiths.co.uk