The Royal Assent is given to the UK Enterprise and Regulatory Reform Bill that reverses the dishonesty requirement and excludes openly made cartels

The UK’s New Cartel Offence: It Could Be Alright on the Day* The Enterprise and Regulatory Reform Act 2013 drops the requirement of dishonesty and excludes cartel agreements made openly. At a late stage three additional defences were introduced (s.47 ERRA). The defendant can show they did not intend that the nature of the arrangements be hidden from either their customers or the competition authority. It will also be a defence to show that a defendant took reasonable steps to disclose the nature of the agreement to lawyers, in order to get advice, prior to its making or implementation. Writing on this blog a couple of months ago, my colleague Peter Whelan expressed concern that this defence could pose a devastating blow to the cartel offence. Here I reflect on how this defence could

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  • University of East Anglia

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Andreas Stephan, The Royal Assent is given to the UK Enterprise and Regulatory Reform Bill that reverses the dishonesty requirement and excludes openly made cartels , 25 April 2013, e-Competitions Bulletin Commitment Decisions, Art. N° 54714

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