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Modernising Cartel Enforcement: CMA launches consultation on updated leniency guidance
Sophie Tang
The UK’s civil regime for cartel enforcement applies to corporates who can be investigated and fined for anti-competitive behaviour. For individuals who are associated with cartel activity they are vulnerable to a criminal investigation by the Competition and Markets Authority (CMA) or the Serious Fraud Office (SFO). The offence carries a five-year custodial sentence and/or an unlimited fine
Our cartels team is extremely well placed to provide advice to individuals and companies who are caught up in cartel activity, whether through uncovering the activities internally, or as a result of an investigation by the CMA, SFO, a Regulator such as the Financial Conduct Authority (FCA), or overseas authorities such as the Department of Justice (DoJ).
We are experienced at advising on cartel-related investigations, whether representing parties involved in formal investigation by the above agencies, or assisting companies with their own internal investigations and the individuals potentially exposed.
We understand what is at stake when a company is suspected of cartel activity and the implications for individuals who might stand accused of directing or implementing a cartel scheme.
There is always a judgment call to be made on the extent to which parties’ interests are aligned. In some cases, it may be possible to negotiate immunity or leniency deals. In others, it may be wise for individuals to take a more robust and independent approach.
We have experience of investigations across a range of sectors, involving a variety of enforcement authorities. We are highly skilled at acting in investigations and trials, and in dealing with complex issues.
We work closely with our specialist regulatory law colleagues if directors face disqualification for breaches of competition law. We also have a dedicated reputation management team who can help to limit the reputation damage for individuals and companies who are riding the storm of an investigation.
If you are concerned about the risk of involvement in cartel behaviour, please contact one of our specialist cartel lawyers.
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Chambers UK 2021
Multi-disciplinary, multi-jurisdictional, high profile, long established practice, perhaps the most famous firm in the field.”
Legal 500 UK 2021
First-class reputation...Prominent cartel defence practice."
Chambers UK, A Client's Guide to the UK Legal Profession
Sophie Tang
Caroline Day
Caroline Day
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