Tag Archives: EU

get out of jail free card from monopoly

Get Out of Jail Free: s 188B(3) of the Enterprise Act 2002

Angus MacCulloch

What is the impact of the ‘legal advice’ defence to the cartel offence in s 188B(3) of the 2002 Act? Could it make it easy to escape prosecution?

I recently delivered my UG competition law lecture on Cartels. It’s an occasion I always enjoy and gives me an opportunity to approach the topic afresh on an annual basis [the feedback I receive is always extremely helpful too]. This year it was the first time that I had the opportunity to talk through the new defences to the UK cartel offence since the controversial ‘dishonesty’ element was removed by the Enterprise and Regulatory Reform Act 2013. I have described one of the new defences inserted into the Enterprise Act 2002, the ‘legal advice’ defence in s 188B(3), as ‘bizarre’ in the new edition of our textbook, but in this post I want to set out what I perceive the problems to be. I want to develop these ideas into a longer piece, but for now I want to pose some of the questions I think need answering. My fear is that the ‘legal advice’ defence could become a get out of jail free card rendering the UK cartel a dead letter in all but the most extreme cases.

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Car exhaust fumes

The Fuel Quality Directive of the European Commission: A step in the right direction, but only a short one.

John Pearson

The car and van are undeniably the choice modes of transport; road traffic miles in the UK rose by 2.3% this year on last, and have risen by over 20% in the last two decades.  The environmental impact of our seemingly untameable preference to travel by car and transport goods using heavy goods and light goods vehicles remains, therefore, one of the most significant challenges in environmental protection. John Pearson (@johnrpearson) considers the efforts of the European Union (EU) to reduce the impact of this resilient tendency through the Fuel Quality Directive.

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Kosovo and its highest courts: At the coalface of transitional constitutionalism

Professor James A. Sweeney

The German professor on my right is banging his fist on the desk, making a good point loudly.  On my far right is the President of the Kosovo Supreme Court.  To my left is the President of the Kosovo Constitutional Court.  Judges of both of these two courts are sitting at tables perpendicular to mine, facing each other like opposing quiz teams. Continue reading