Confess your cartel to the OFT
There are severe penalties for individuals and businesses that engage in cartels - and every incentive for those individuals and businesses to stop such practices and tell the OFT about the cartel.
Individuals can be sent to prison for up to five years and businesses can be fined up to 10 per cent of worldwide turnover.
If you are part of a cartel and want to end your involvement, your business may benefit from the OFT's leniency programme and you may benefit from a no-action letter.
Leniency programme
In the context of the Competition Act and/or Article 81, a business may receive total or partial immunity from fines that the OFT could apply for infringements of the Competition Act and/or Article 81 if it comes forward with information.
Total immunity is available to the first member of the cartel to come forward with relevant information, and who also meets other conditions.
Reductions in penalty of up to 50 per cent are also available in other circumstances.
No-action letter
Individuals who come forward with information about their involvement in a criminal cartel offence may be granted immunity from prosecution in the form of a 'no-action letter' issued by the OFT. In order to benefit from a no-action letter, an individual must satisfy certain conditions, including admitting participation in the criminal offence and maintaining continuous and complete cooperation throughout the investigation.
No-action letters cannot be issued in respect of offences committed in Scotland, although the Lord Advocate will take into account an individual's cooperation with the OFT when deciding whether to bring a prosecution.
If you want to take advantage of the leniency programme or apply for a no-action letter you should contact:
Senior Director of Cartels and Criminal Enforcement, Simon Williams on 020 7211 8117 or email simon.williams@oft.gsi.gov.uk
or, in his absence:
Stephen Blake, Director, Cartels, on 020 7211 8469 or email stephen.blake@oft.gsi.gov.uk
More information on the OFT's procedures for handling applications under its leniency and no action policies is available by downloading Leniency and no-action (262 kb). This document sets out the OFT's interim policy by way of supplement to and elaboration of the existing OFT's guidance as to the appropriate amount of a penalty (146 kb) and no-action guidance - The cartel offence: guidance on the issue of no-action letters for individuals (126 kb).
Download Leniency in cartel cases (97 kb).
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