The English High Court gives judgment on an application for the judicial review of a decision by the OFT not to extend or re-open a penalty discount scheme that it had offered to alleged cartelists in connection with its investigation into collusive tendering in the construction industry (Crest Nicholson)

Background The case was brought by Crest Nicholson Plc, which was a developer of residential property. Until 2003, Crest Nicholson was the parent company of the Pearce Group. One of the members of the Pearce Group was Pearce Midlands, against which certain allegations of price fixing were made. Pierce Midlands ceased to trade in 2003. In 2004, the OFT began an investigation into collusive trading in the construction industry. This was the largest investigation ever carried out by the OFT, involving the search of 64 companies and concerning £3bn worth of suspicious tenders. In the initial stages of its investigation, the OFT operated a leniency scheme offering penalty discounts of up to 65% in return for admissions and co-operation. However, by the end of 2006, the OFT was unable to

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  • Shoosmiths (Thames Valley)

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Simon Barnes, The English High Court gives judgment on an application for the judicial review of a decision by the OFT not to extend or re-open a penalty discount scheme that it had offered to alleged cartelists in connection with its investigation into collusive tendering in the construction industry (Crest Nicholson), 24 July 2009, e-Competitions July 2009, Art. N° 28422

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