47 Cartel offence
Enterprise and Regulatory Reform Act 2013 (2013 c 24) | Legislation

Chapter 4
Cartels

47  Cartel offence

(1)     Section 188 of the 2002 Act (cartel offence) is amended as follows.

(2)     In subsection (1), omit “dishonestly”.

(3)     Omit subsection (6).

(4)     After subsection (7) insert—

“(8)     This section is subject to section 188A.”

(5)     After that section insert—

“188A Circumstances in which cartel offence not committed

(1)     An individual does not commit an offence under section 188(1) if, under the arrangements—

(a)     in a case where the arrangements would (operating as the parties intend) affect the supply in the United Kingdom of a product or service, customers would be given relevant information about the arrangements before they enter into agreements for the supply to them of the product or service so affected,

(b)     in the case of bid-rigging arrangements, the person requesting bids would be given relevant information about them at or before the time when a bid is made, or

(c)     in any case, relevant information about the arrangements would be published, before the arrangements are implemented, in the manner specified

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