The UK Competition Authority concludes the promising criminal case brought against the main national airline’s executives (British Airways)

I. Legal background The UK criminalized competition law in 2002 by adopting the Enterprise Act, which came into force in June 2003. It set up a whole new framework to prosecute, on a criminal basis, the individuals responsible for the establishment and implementation of hard-core cartels: the cartel offence [1]. The key element of the offence is the dishonesty of the individual: as such, there is no link between the cartel offence and the Competition Act 98 or the European provisions. To ensure the performance of high-quality investigations that meet the high standards of proof of criminal cases, the OFT was granted new investigatory powers by the Enterprise Act. Moreover, a Cartel Investigation Branch (CIB) was created in the OFT to deal specifically with the criminal investigation.

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Marie-Charlotte Rouzier, The UK Competition Authority concludes the promising criminal case brought against the main national airline’s executives (British Airways), 10 May 2010, e-Competitions May 2010, Art. N° 34782

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