The England and Wales Court of Appeal requires for reasons of proportionality and fairness the setting aside of the multiplier raising the level of fines in the present case (Interclass & Anor /OFT)

Fairness between infringers: the need for consistency in punishments* Competition lawyers may want to brush up on their criminal law. The Court of Appeal’s recent judgment in Interclass Holdings v OFT [2012] EWCA Civ 1056 borrows criminal law principles to guide the calculation of penalties imposed. The appeal was a further instalment in the litigation arising from the OFT’s largest ever investigation under the Competition Act 1998 concerning collusive tendering practices in the construction industry. A round of litigation before the Tribunal had resulted in substantial reductions in the fines

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  • Blackstone Chambers (London)

Quotation

Paul Luckhurst, The England and Wales Court of Appeal requires for reasons of proportionality and fairness the setting aside of the multiplier raising the level of fines in the present case (Interclass & Anor /OFT), 31 July 2012, e-Competitions Bulletin July 2012, Art. N° 60927

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