Cartel conduct by individuals is criminalised by Part 6 of the Enterprise Act 2002.
The offence
It is a criminal offence if an individual dishonestly agrees with one or more other persons to make or implement, or to cause to be made or implemented, arrangements relating to at least two undertakings involving the following prohibited cartel activities:
- price fixing;
- market sharing;
- limitation of production or supply; and
- bid rigging.
Sanctions
Individuals
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If tried and convicted in a magistrates’ court a maximum fine of GBP5,000 and 6 months’ imprisonment.
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If tried and convicted in the Crown Court an unlimited fine and a maximum of five years’ imprisonment.
Corporations
Cartel conduct not criminalised.