This guidance was originally published by the Office of Fair Trading (OFT) and has been adopted by the CMA.
Please also note:
references to the OFT (except where referring to specific past OFT practice or case law) should be read as referring to the CMA.
references to dishonesty in respect of the cartel offence are only relevant for cartels entered into prior to 1 April 2014. The Enterprise and Regulatory Reform Act 2013 (ERRA13) removes dishonesty as an element of the cartel offence for agreements entered into on or after 1 April 2014 or which relate to arrangements made or to be made on or after that date. The ERRA13 also introduces statutory exclusions and defences to the offence. Please refer to Cartel Offence Prosecution Guidance (CMA9) for further information.