We are extremely well placed to act for companies or individuals facing investigation or prosecution by the Serious Fraud Office (SFO), Office of Fair Trading (OFT), European Union (EU), US Department of Justice (DoJ) and other national and international authorities.
Our expertise in serious fraud, business crime and financial regulatory enforcement means that we have been at the forefront in advising on cases ever since the Enterprise Act 2002 introduced a new criminal offence into UK law. Section 188 of the Act sets out the six categories of arrangements which are caught, including agreements to fix prices, limit supply or production and bid-rigging. We can advise during investigations and provide representation during any subsequent prosecution, and can also provide advice to individuals, companies and their lawyers in relation to the 'whistle blowing' and leniency programmes available for those who may have witnessed or been involved in anti-competitive or cartel activities.
This area of law frequently has an international dimension. Corporations which have a US presence may find themselves vulnerable to action from the US for anti-competitive behaviour through the extra-territorial provisions of the Sherman Act 1890. Our experience of extradition law, mutual legal assistance and white collar crime, plus our international legal network provides us with a strong background for acting in any international corruption case.
However, prevention is better (and generally cheaper) than cure. We can provide due diligence, risk management advice and training to corporations and individuals to minimise the risk of exposure to such investigations.