• Analyses the law and procedure as well as development and elements of the offence
• Offers a complete account of the powers of the OFT and its recently revised leniency regimes
• Brings together discussion of the criminal regulatory and civil law
• Reviews the law and procedure in the UK, EU and US as well as the main regimes where such conduct is criminalised
• Provides solutions to practical problems, such as competing jurisdictions and the interaction between criminal and regulatory investigations
• Provides extensive treatment of recent case-law including the House of Lords decision in Norris and the UK's first criminal cartel prosecution in the Marine Hoses case

Readership: Competition lawyers, criminal lawyers, and legal advisers in the regulatory and prosecuting agencies in the UK and internationally, in particular the US and EU.

Michael O'Kane, Partner and Head of the Fraud and Regulatory Department, Peters & Peters

"This is a much-welcomed and needed book and from a well-recognised practitioner...Michael O'Kane has produced a valuable reference." - Katharine Holmes, Consultant, Reed Smith LLP

1: A General History of Criminal Cartels
What is a Cartel?
The US Approach to Cartels
The European Community Approach to Cartels
Cartel Enforcement in the UK
International Cooperation
The Relevant Institutions
2: UK Criminal Cartel Conduct
Introduction
The 'Hard Core Cartel'
The Cartel Offence
Conspiracy to Defraud
3: Criminal Cartel Investigations in the UK
Introduction
OFT Powers of Investigation
Disclosure of Information Obtained in an Investigation
Parallel Civil and Criminal Investigations
Dealing with a Dawn Raid
4: The Conduct of Civil Cartel Investigations in the UK
Introduction
Investigations under the Competition Act
The Investigatory Powers
Investigations by the European Commission Part II of the Act
Matters Applicable to All Investigations
5: Criminal Immunity in the UK and US
United Kingdom:
Introduction
Type A Immunity
Type B Immunity
Commission Immunity Outside UK: Type A and B
The Coercer Test in Type A, Type B, and Corporate Immunity Cases
Criminal Immunity in Type B or C Leniency Cases
'Public Interest'
Criminal Immunity: Preliminary Issues
Conditions for Immunity
Conduct of Interviews in Immunity/Leniency Applications
Transfer of Information
Value of the No-action Letter
Revocation of a No-action Letter
United States:
Introduction
Corporate Leniency Policy 10 August 1993
Leniency Policy for Individuals 10 August 1994
Revocation of Immunity
Incentives to Self-report
Second-In Cooperation/ Non-immunity Applicant
Information Transfer
6: Prosecution of Cartel Offences in the UK
Introduction
The Pre-Trial Process
The Trial Process
Consequences of a Conviction
7: Territoriality in Criminal Cartel Investigations
Introduction
Mutual Legal Assistance
Concurrent UK/US Cartel Investigations
Extradition
8: Criminal Cartel Regimes in Other Jurisdictions
Introduction
The United States
France
Germany
Ireland
South Africa
Brazil
Japan
Canada
Australia
Russian Federation
A Summary of the Criminal Cartel Regime in EU Member States
APPENDICES
Appendix 1: Enterprise Act 2002 (Part 6)
Appendix 2: Enterprise Act 2002, Part 6 Explanatory Notes
Appendix 3: OFT, The Cartel Offence: Guidance on the Issue of No-action Letters for Individuals
Appendix 4: Leniency and No-action - The Office of Fair Trading's Guidance Note on the Handling of Applications
Appendix 5: OFT, Powers for Investigating Criminal Cartels - Guidance
Appendix 6: Memorandum of Understanding between the Office of Fair Trading and the Director of the Serious Fraud Office