Source: All England Reporter
Publisher Citation: [2009] All ER (D) 90 (Dec)
Neutral Citation: [2009] EWCA Crim 2575
Court: Court of Appeal, Criminal Division
Judge:

Hughes LJ, David Clarke J and Judge Morris QC
Representation Nicholas Purnell QC, James Flynn QC and Adrian Darbishire (instructed by Peters & Peters) for the defendant.
  Jon Turner QC, Richard Latham QC, Mark Lucraft QC, Tom Payne and Anneli Howard (instructed by the Office of Fair Trading) for the prosecution.
Judgment Dates: 9 December 2009

Catchwords

European Community - Rules on competition - National competition law - European regulation with object of prevention of anti-competitive practices - Defendant in criminal proceedings charged with cartel offence - Allegation that defendant and others dishonestly agreeing to effect price fixing arrangement between two companies - Whether statutory provision creating offence constituting national competition law - Whether European regulation preventing national courts from applying statutory provision creating cartel offence - EC Treaty, arts 81, 82 - Council Regulation (EC) 1/2003 - s 188.

The Case

European Community Rules on competition. The Court of Appeal, Criminal Division, held that the cartel offence under s188 of the was not within the expression 'national competition law' in the particular sense in which that expression was used within Council Regulation (EC) 1-2003; and that it followed that the Crown Court had the jurisdiction to try any offence under s188 of the 2002 Act which had a European dimension.

Practice Areas

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