In one of its first firm policy statements after winning the 2001 General Election, the Government announced that it intended to introduce criminal penalties for "hard core" cartel activities. These activities are considered to be the most serious of the anti-competitive practices which could be engaged in and also those which are most likely to cause real harm to consumers and competition generally.
There was in the Government’s view a strong case for ensuring that such behaviour was deterred and that there were suitable punishments for individuals who caused hard core cartels to be formed. Accordingly, Part 6 of the Enterprise Act 2002 (the Act) introduces a new cartel offence as well as related powers of investigation and sentencing for such anti-competitive behaviour. The cartel offence will come into force on 20 June 2003 along with the other provisions of the Act.
