The English High Court sees a way through public policy objections to the recovery of cartel fines from company executives (Safeway Stores)

a. Background Since 2005, the UK's Office of Fair Trading (“OFT”) has investigated an alleged cartel scheme arranged by certain supermarkets and dairy producers between 2002 and 2003. In 2007, Safeway [1] (now owned by Wm Morrisons Supermarkets plc), one of the supermarket chains implicated in the alleged infringement, admitted liability for such collusion to the OFT, in exchange for a reduction in the potential penalty. The OFT's final decision is expected to be handed down later this year, with the potential fine to be imposed on Safeway expected to be at least GBP 10 million. Safeway subsequently claimed damages from eight of its former directors and employees (the “Defendants”). Safeway claims that the Defendants either breached their service contracts or fiduciary duties as

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Suzanne Innes-Stubb, Ian Reynolds, The English High Court sees a way through public policy objections to the recovery of cartel fines from company executives (Safeway Stores), 15 January 2010, e-Competitions January 2010, Art. N° 30714

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