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UK and EU cartel enforcement: expanding theories, ex officio detection, labour market and algorithmic collusion, obstruction penalties, and intensified cross-border co-operation—practical takeaways for competition practitioners

Published on: 16 September 2024

Published by a Law360 reporter
Legal News
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Article summary

The statement cautioned that algorithms may enable rivals to exchange competitively sensitive information, fix prices, or co-ordinate on other terms or commercial strategies in breach of competition laws. It has become evident that both the Commission and the CMA are prioritising ex officio cartel enforcement, including by boosting resources and developing new detection and enforcement tools to drive prosecutions for cartel conduct. This article sets out a review of where these jurisdictions’ approaches to cartel enforcement converge and where they differ.

In terms of similarities

  • Broaden the definition of what amounts to cartel behaviour
  • Rely less on leniency applications to trigger cartel probes
  • Enhance detection methods
  • Place greater weight on prosecuting obstruction of justice
  • Strengthen communication and co-operation between enforcement bodies

Within the EU, the Commission acts as the principal enforcer for cartel offences that span across Member State borders. At the same time, individual Member States retain their own autonomous powers to apply and enforce cartel rules within their territories. In the UK, the Competition and Markets Authority is the primary competition enforcer, including the prosecution of cartels...

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