Resources
Related Categories
|
Also Recommended
|
|
|
A Practical Guide
Robin Booth, Simon Farrell QC...
£65.00
|
|
|
|
|
The Law of Criminal Cartels
Practice and Procedure
Michael O'Kane
456 pages
|
246x171mm
978-0-19-956120-9
|
Hardback
|
03 September 2009
Price:
£150.00 £75.00
Please note, this offer price only applies to individual customers when ordering direct from Oxford University Press, while stock lasts. No further discounts will apply. If you are a bookseller, please contact your OUP sales representative.
|
|
|
|
|
- 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
The Law of Criminal Cartels provides comprehensive coverage of the cartel offence introduced into UK law by the Enterprise Act 2002, as well as of the related powers of the main regulators in the UK, EU, and overseas. The appearance of cartel conduct presents new challenges for lawyers straddling the traditionally unrelated areas of criminal and competition law. The book is a main tool of reference for practitioners uncovering a potentially criminal cartel and considering the position of the company or individual, and for practitioners advising
corporate and individual clients who are the subject of UK criminal and cartel investigations with ramifications in other jurisdictions.
This book is the first work to focus exclusively on the UK cartel offence from the practitioner's perspective. The text provides an analysis of the relevant black letter law and procedure - bringing together the criminal, regulatory, and civil law regimes. It provides detailed coverage of the history and development of anti-cartel enforcement, examining in depth the elements of the offence that give rise, for the first time, to personal criminal liability in the UK. This analysis includes identifying issues with the statutory offence where clarification through case law is likely to be required. It also takes clear account of the
international perspective, providing a detailed exposition of the UK, EU and US regimes, as well as the main regimes where such conduct is criminalised. Designed to address the problems that arise in practice, the book focuses on thorny topics such as competing jurisdictions; the interaction between criminal and regulatory investigations (information-sharing and other types of co-operation); and conflicts of interest. It also includes a full guide to the OFT's recently revised leniency regime.
The appendices include relevant OFT guidance and statutory provisions including Part 1 of the Sherman Act 1890, Part 6 of the Enterprise Act 2002, OFT Leniency Guidance and the OFT Investigative Powers
Guidance.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 Contributors:
Jasvinder Nakhwal, Peters & Peters
Jessica Simor, Matrix Chambers
John O'Flaherty, Matrix Chambers
|
|
|
"very clear and well set-out... the best available source of a practitioner guide to the offence." - Mark Furse, The Edinburgh Law Review "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
|
|
|
|
|
|
|
|
|
Recently Viewed
|
|
|
Martin Butler
£8.25
|
|
|
|
|
17 Jazz Classics for Choirs
David Blackwell, Andrew Carter
Vocal score
£13.95
|
|
|
|
|
Bob Chilcott
Conductor's score and parts on hire - brass quintet version
Available on Hire
|
|
|
|
|
The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
|
|
