Archive for the 'price fixing' Category

Court of Appeal dismisses US-style class action bid – Law Society’s Gazette

“The Court of Appeal has dismissed an attempt to bring a US-style class action against British Airways for participating in an airfreight price-fixing cartel, just nine days after the European Commission (EC) fined the airline more than €100m (£85m) for its role in the cartel and told claimants that they could seek damages in national courts.”

Full story

Law Society’s Gazette, 25th November 2010

Source: www.lawgazette.co.uk

Emerald Supplies Ltd and another v British Airways plc – WLR Daily

Emerald Supplies Ltd and another v British Airways plc [2010] EWCA Civ 1284; [2010] WLR (D) 294

“For a case to fall within CPR r 19.6, a claimant who had brought a representative action on behalf of the claimant and other representative claimants had to show at all stages of the proceedings that the interest of the claimant and all potential represented claimants was same.”

WLR Daily, 19th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Drug companies ‘exploit legal loophole’ – Daily Telegraph

“Senior doctors have written to David Cameron calling for action over a legal loophole that enables drug companies to set ‘exorbitant prices’ for drugs to treat rare diseases.”

Full story

Daily Telegraph, 17th November 2010

Source: www.telegraph.co.uk

OFT launches online hotel booking probe – OUT-LAW.com

“The Office of Fair Trading (OFT) is investigating whether the sale of hotel room bookings on the internet breaches competition law, looking into whether an allegedly long-established pricing mechanism is anti-competitive.”

Full story

OUT-LAW.com, 20th September 2010

Source: www.out-law.com

Regina v George and others – WLR Daily

Regina v George and others [2010] EWCA Crim 1148; [2010] WLR (D) 147

“Where a statute imposed criminal liability on an individual who dishonestly agreed with one or more other people to do a prohibited act, the intention and purpose was to criminalise that individual, regardless of whether those other persons were also dishonest.”

Full story

WLR Daily, 14th June 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

OFT under fire over whistleblowers after BA price-fixing trial fails – The Guardian

“The consumer watchdog’s reliance on whistleblowers as the bedrock of anti-cartel cases is under scrutiny following the embarrassing collapse of the British Airways price-fixing trial. Legal experts warned that offering immunity in exchange for full co-operation with an investigation threatened to undermine Office of Fair Trading prosecutions by giving whistleblowers influence over evidence gathering and fostering complacency among investigators.”

Full story

The Guardian, 12th May 2010

Source: www.guardian.co.uk

BA price-fixing trial collapses – The Guardian

“Serious and significant failings by the Office of Fair Trading led to the collapse of the trial of senior British Airways executives over allegations of price-fixing with Virgin Atlantic.”

Full story

The Guardian, 10th May 2010

Source: www.guardian.co.uk

OFT drops Tesco price-fixing claims – The Guardian

“The competition watchdog has said it is dropping some allegations of price fixing against Tesco as part of a dairy investigation that has seen rival firms handed fines of around £70 million.”

Full story

The Guardian, 30th April 2010

Source: www.guardian.co.uk

Ex-businessman Ian Norris to be extradited to US – BBC News

“A former industry boss has lost a Supreme Court appeal in his battle to avoid extradition from the UK to the US over obstructing justice allegations.”

Full story

BBC News, 24th February 2010

Source: www.bbc.co.uk

Safeway proceeds with groundbreaking attempt to sue ex-employees for price fixing – OUT-LAW.com

“Safeway has been given permission to continue a groundbreaking lawsuit against former employees and directors which seeks to recover competition law fines from the ex-employees and directors involved in the breaches.”

Full story

OUT-LAW.com, 22nd January 2010

Source: www.out-law.com

Regina v IB – WLR Daily

Regina v IB  [2009] EWCA Crim 2575; [2009] WLR (D) 357

“A ‘cartel offence’ under s 188 of the Enterprise Act 2002 was not a ‘national competition law’ within the meaning of Council Regulation (EC) No 1/2003, so that a Crown Court had jurisdiction to try a prosecution for such an offence although it was not a competition authority designated under art 35 of that Regulation.”

WLR Daily, 10th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Serious Fraud Office investigates JJB and Sports Direct for suspected price fixing – The Guardian

“The Serious Fraud Office is investigating suspected criminal price fixing and fraud at Britain’s two largest sports retailers – JJB and Sports Direct.”

Full story

The Guardian, 10th September 2009

Source: www.guardian.co.uk

R v Goldshield Group plc and others – WLR Daily

R v Goldshield Group plc and others [2008] UKHL 17; [2008] WLR (D) 388

An allegation of price fixing carried out in circumstances of secretive and deceptive behaviour was insufficient of itself to found a charge of conspiracy to defraud. It was necessary to isolate and charge specific aggravating elements which would elevate price fixing into an indictable conspiracy to defraud.”

WLR Daily, 16th December 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


Drug companies celebrate collapse of price-fixing case – The Times

“The Serious Fraud Office suffered a huge defeat yesterday with the collapse of its £25 million, six-year investigation into alleged price fixing among drug manufacturers.”

Full story

The Times, 4th December 2008

Source: www.timesonline.co.uk

Regina v Whittle; Regina v Allison; Regina v Brammar – Times Law Reports

Regina v Whittle; Regina v Allison; Regina v Brammar

Court of Appeal (Criminal Division)

“Minimum sentences agreed by United Kingdom employees admitting cartel offences in a plea agreement with the United States authorities and substituted on appeal were not to be treated as guidelines.”

The Times, 27th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Sentences cut for marine hose cartel executives – The Times

“Three former oil industry workers who became the first British business executives to be jailed for price-fixing had their sentences reduced today.”

Full story

The Times, 14th November 2008

Source: www.timesonline.co.uk

BA executives appear in court to face price-fixing charges – The Times

“Four former and current British Airways executives appeared in court today in the first criminal prosecution for price-fixing against a major UK company.”

Full story 

The Times, 12th November 2008

Source: www.timesonline.co.uk

OFT suspects fixing of prices in grocery – The Guardian

“Some of the UK’s biggest supermarkets and food companies could be fined tens of millions of pounds after a consumer watchdog said there was evidence they had been sharing information on prices.”

Full story

The Guardian, 26th September 2008

Source: www.guardian.co.uk

British Airways four charged with criminal price-fixing – The Times

“The Office of Fair Trading (OFT) yesterday charged four past and present executives of British Airways (BA) with criminal price-fixing offences in the first prosecution of its kind against employees of a leading UK business.”

Full story

The Times, 8th August 2008

Source: www.timesonline.co.uk

Office of Fair Trading to charge British Airways executives with price-fixing – The Times

“The Office of Fair Trading (OFT) is set to unveil plans today to charge four past and present executives of British Airways with criminal price-fixing offences. ”

Full story

The Times, 7th August 2008

Source: www.timesonline.co.uk

Serious Fraud Office drug case thrown out of court – The Guardian

“The biggest case ever to be brought by the Serious Fraud Office, involving an alleged price-fixing conspiracy said to have defrauded the NHS of millions of pounds, has been thrown out of court after more than six years of investigation and pre-trial hearings.”

Full story

The Guardian, 11th July 2008

Source: www.guardian.co.uk

Overcharged British Airways and Virgin Atlantic passengers to claim compensation – The Times

“Millions of Britons who flew across the Atlantic between two and four years ago are being invited to claim a share of more than £70 million that has been ordered to be handed over to them.”

Full story

The Times, 5th July 2008

Source: www.timesonline.co.uk

Jailed marine hose executives ordered to repay £1m – The Times

“Two businessmen jailed last month in the UK’s first price-fixing prosecution have been ordered to surrender over £1 million of assets at a confiscation hearing.”

Full story

The Times, 1st July 2008

Source: www.timesonline.co.uk

Three imprisoned in first OFT criminal prosecution for bid rigging – Office of Fair Trading

“Three UK businessmen were today sentenced to imprisonment for between two and a half to three years for cartel offences. All three were also disqualified from acting as company directors for periods of between five and seven years. These are the first ever convictions for a cartel offence since criminal prosecution powers were given to the OFT under the Enterprise Act.”

Full story

Office of Fair Trading, 11th June 2008

Source: www.oft.gov.uk

Office of Fair Trading raids bank offices as part of price-fixing inquiry – The Times

“The Office of Fair Trading conducted a series of dawn raids at offices of Barclays and Royal Bank of Scotland (RBS) as part of an investigation into price-fixing on loans to lawyers and accountancy firms.”

Full story

The Times, 3rd June 2008

Source: www.timesonline.co.uk

OFT accuses tobacco firms and retailers of cigarette price-fixing – The Guardian

“The Office of Fair Trading has accused tobacco manufacturers and retailers, including the UK’s biggest supermarkets, of acting unlawfully over the price of tobacco products.”

Full story

The Times, 25th April 2008

Source: www.guardian.co.uk

OFT pays damages to Morrisons over dairy price-fixing claim – The Times

” The Office of Fair Trading (OFT) has issued an unprecedented apology to Wm Morrison for wrongly suggesting that Britain’s fourth-largest supermarket group was guilty of fixing prices for butter and cheese five years ago.”

Full story

The Times, 23rd April 2008

Source: www.timesonline.co.uk

OFT accuses construction firms of price rigging – The Guardian

“More than one hundred construction companies have been accused of conspiring to rig thousands of public sector contracts worth billions of pounds.”

Full story

The Guardian, 17th April 2008

Source: www.guardian.co.uk

Norris v Government of the United States of America – Times Law Reports

Norris v Government of the United States of America

House of Lords

“A person could not be extradited to the United States of America to stand trial on charges brought under US legislation which declared cartels to be illegal, to stand trial for price-fixing offences alleged to have been committed from 1989 to 2000 because during that period price-fixing agreements and cartels were not illegal under English law, unless there were other aggravating features such as dishonesty or deception.”

The Times, 14th March 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Norris v Government of the United States of America – WLR Daily

Norris v Government of the United States of America [2008] UKHL 16; WLR (D) 81

“During the period from 1989 to 2000 price fixing was not illegal under English law so that it was not an extradition offence for the purposes of s 137 of the Extradition Act 2003.”

WLR Daily, 12th March 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Norris: lawyers welcome ruling – The Times

“The ruling by the law lords today that price-fixing was not a crime in the UK before the Enterprise Act took effect in 2003 was a significant victory for Ian Norris, the former head of Morgan Crucible.”

Full story

The Times, 12th March 2008

Source: www.timesonline.co.uk

Lords to rule on Ian Norris extradition case – The Times

“The House of Lords will rule tomorrow on whether Ian Norris should be extradited to the US, in what is one of the most eagerly awaited legal cases of recent years.”

Full story

The Times, 11th March 2008

Source: www.timesonline.co.uk

BA and Virgin in £100m passenger payout over price-fixing – The Times

“British Airways and Virgin Atlantic have agreed to pay up to £100 million in compensation to passengers affected by price-fixing on fuel surcharges for transatlantic flights.”

Full story

The Times, 15th February 2008

SOurce: www.timesonline.co.uk

BA and Virgin may pay out refunds – BBC News

“People who flew with British Airways or Virgin Atlantic between 11 August 2004 and 23 March 2006 may be entitled to a refund of £10 per flight.”

Full story

BBC News, 15th February 2008

Source: www.bbc.co.uk

OFT charges British trio with cartel offences – The Times

“Three British businessmen were charged with cartel offences by the Office of Fair Trading (OFT) last night after they were allowed by US authorities to return to the UK.”

Full story

The Times, 19th December 2007

Source: www.timesonline.co.uk

UK first for price-fixing charges – Financial Times

“Three British oil industry executives are due to plead guilty to price-fixing on Wednesday in a landmark Texas case that could have big implications for the extradition and prosecution of other British business people in the US, people familiar with the matter say.”

Full story

Financial Times, 11th December 2007

Source: www.ft.com

OFT fines supermarkets £116m in dairy probe – The Times

“Sainsburys and Asda have admitted fixing the price of dairy products with producers in the aftermath of the Foot and Mouth outbreak of 2001 following an investigation by the Office of Fair Trading (OFT).”

Full story

The Times, 7th December 2007

Source: www.timesonline.co.uk

Tesco prepares to fight charges of collusion in price-fixing scandal – The Times

“Tesco is preparing a legal battle to clear its name of involvement in the dairy price-fixing scandal that has cost consumers £270 million.”

Full story

The Times, 8th December 2007

Source: www.timesonline.co.uk

US-style lawsuits to fuel compensation culture – Daily Telegraph

“Consumers will be entitled to automatic compensation payouts from retailers who fix high street prices under Government proposals to introduce US-style class-action lawsuits to Britain.”

Full story

Daily Telegraph, 26th November 2007

Source: www.telegraph.co.uk

BA staff could face extradition to US after $300m fine for price fixing – The Guardian

“Senior British Airways staff under criminal investigation for price fixing face the threat of extradition to the US under a controversial treaty, it emerged last night. The justice department in Washington was set to publish the names of 10 former and current BA employees as criminal suspects under investigation for running a fuel surcharge cartel after a judge confirmed a $300m (£151m) fine for the world’s third-largest airline.”

Full story

The Guardian, 24th August 2007

Source: www.guardian.co.uk

Top BA staff face criminal inquiry in price-fixing case – The Guardian

“The price fixing scandal at British Airways deepened yesterday after it emerged the US department of justice will open criminal investigations into senior staff at the airline next week.”

Full story

The Guardian, 18th August 2007

Source: www.guardian.co.uk

British Airways fined £269m for fixing prices with Virgin – The Times

“British Airways was fined a total of £269 million for conspiring to fix the price of air fares yesterday but the airline could be forced to pay out millions more to passengers seeking compensation.”

Full story

The Times, 2nd August 2007

Source: www.timesonline.co.uk

BA fined £121.5m for price fixing – The Guardian

“British Airways is to pay a record fine of £121.5m after admitting price fixing on fuel surcharges on its long-haul flights.”

Full story

The Guardian, 1st August 2007

Source: www.guardian.co.uk


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