Dr Peter Whelan publishes research in the Modern Law Review
Dr Peter Whelan, an Associate Professor at the School of Law, has had his latest research on the UK Cartel Offence published in the Modern Law Review.
Dr Whelan’s article is entitled ‘Section 47 of the Enterprise and Regulatory Reform Act 2013: A Flawed Reform of UK Cartel Offence’. It analyses in detail the recent reform of the UK criminal cartel offence and argues that the reformed offence is unworkable in practice.
On 1 April 2014, section 47 of the Enterprise and Regulatory Reform Act 2013 (ERRA) entered into force, ensuring significant changes to the UK cartel offence. The criminal offence, contained in section 188 of the Enterprise Act 2002, was enacted to secure the deterrence of cartel activity affecting the UK. Following almost ten years of enforcement, the cartel offence had failed to live up to expectations. Consequently, following a public consultation, it was reformed in substance. Section 47 ERRA, removed the (controversial) definitional element of ‘dishonesty’ from the offence, created a number of ‘carve outs’ from the offence, and created three additional defences. This article examines in detail the specific reforms of the cartel offence and argues that, although considerable improvement has been made, the UK offence is fundamentally flawed and unworkable in practice. Further reform is therefore advised.
For access to Dr Whelan’s article, please click here.