Recent Cartel Developments


This Alert summarises two significant recent developments in UK cartel law.

The first development relates to the right of third parties to bring damages claims against the participants in a cartel, specifically the time period within which such a case must be brought where it relies on a competition authority's infringement decision.

The second development relates to a proposal intended to increase the number of successful prosecutions for cartel activity in the UK by removing the "dishonesty" requirement of the offence and introducing a series of defences in its place.

The Limitation Period for Follow-on Damages Actions -

In 2001 a number of vitamins producers were found to have engaged in cartel activity contrary to EU competition law. The European Commission imposed fines on the participants, including one of €296.16 million on BASF. BASF decided not to appeal against the finding of infringement but it did appeal against the level of the fine, which was reduced to €236.845 million on 15 March 2006. Any appeal of this judgment would have had to have been filed by 25 May 2006.

Please see full alert below for more information.

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