We have recently been instructed to represent a client who is being investigated by the Office of Fair Trading for criminal offences under the Enterprise Act 2002.
Criminal offences under the Enterprise Act are intended to deter engagement in cartel offences, i.e.:
• limitation of supply and production;
• market sharing;
Criminal offences under the Act attract a maximum sentence of imprisonment of five years.
Members of the same trade would normally commit these offences, meeting secretly, intent on manipulating market share or artificially elevating prices.
Immunity from prosecution may be available for a participant willing to assist the prosecution!
For legal assistance and guidance on the Enterprise Act, or any other regulatory matter in Surrey, please contact us.
Recent publication by the OFT on the application of the current working of the Act: