Office of Fair Trading (OFT) closed criminal cartel case.
Concluded prosecutions: R-v- Whittle, Brammar & Allison
|Defendant||Commencement of proceedings||Outcome||Sentence|
|Peter Whittle||December 2007||10 June 2008, convicted, Southwark Crown Court||11 June 2008, 3 years imprisonment*, director disqualification order, 7 years|
|Bryan Allison||December 2007||10 June 2008, convicted, Southwark Crown Court||11 June 2008, 3 years imprisonment*, director disqualification order, 7 years, prosecution costs order £25,000|
|David Brammar||December 2007||10 June 2008, convicted, Southwark Crown Court||11 June 2008, 2.5 years imprisonment*, director disqualification order, 5 years|
*Reduced on appeal on 14 November 2008: Whittle 2.5 years, Allison 2 years, Brammar 20 months.
This case was the first prosecution under section 188 of the Enterprise Act 2002 (EA02) which came into force with effect from June 2003.
The three defendants were involved, with others, in a cartel that operated in the marine hoses market, a specialised market for the production and supply of marine hoses used to transfer oil and petroleum products into and out of tankers.
The cartel arrangements were in existence prior to the implementation of the EA02 in June 2003 and continued until the defendants were arrested in May 2007.
Peter Whittle was employed as the cartel ‘co-ordinator’. David Brammar and Bryan Allison both worked for Dunlop Oil and Marine Ltd. Allison was the managing Director and Brammar reported directly to him.
The UK proceedings were commenced in December 2007 when the defendants were arrested and charged, and culminated with a hearing at Southwark Crown Court before HHJ Rivlin QC, Honorary Recorder of Westminster.
Confiscation proceedings under the Proceeds of Crime Act 2002 were heard by HHJ Rivlin QC on 1 July 2008. Brammar and Whittle were ordered to pay £366,354 and £649,636 respectively or face a further term of imprisonment (four years for Whittle and three for Brammar).
All three defendants subsequently appealed against their sentences and the appeals were heard before a full court on 29 October 2008 with an approved judgment being handed down on 14 November.
Futher information is available on The National Archives website.