Cartel offence prosecution: CMA9

The principles the CMA will apply in determining whether proceedings for the cartel offence should be carried out against an individual.


Cartel offence prosecution

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A cartel is an agreement between competitors to fix prices, share markets, rig bids or limit output at the expense of the interests of customers. CMA9 outlines the CMA’s decision-making process on prosecuting individuals through the application of the Full Code Test set out in the Code for Crown Prosecutors.

In England, Wales and Northern Ireland, prosecutions may only be brought by the CMA or the Serious Fraud Office, or with the consent of the CMA. Prosecutions will generally be undertaken by the CMA.

The Memorandum of understanding between the CMA and Crown Office, Scotland records the basis for co-operation between the CMA and the Crown Office to investigate/prosecute cartel offences committed in Scotland.

The fines that could be imposed on summary conviction for certain criminal offences referred to in this document were, at that time, subject to specific caps of £5,000 or above. With effect from 12 March 2015, these caps have been removed and those specific offences are now punishable by a fine of any amount. For more information see the Ministry of Justice news story.

Published 12 March 2014