Norris Seminar

Discussion of Norris v United States of America & Ors [2008] UKHL 16 (12 March 2008)

• in the light of the House of Lords judgment in Norris (and to the extent that reporting restrictions allow me to discuss it, in GG) in what circumstances could cartel behaviour be prosecuted as a criminal conspiracy to defraud.
• is a secret price-fixing agreement now capable of being prosecuted as a criminal conspiracy to defraud?
• what "aggravating elements" might be needed to make cartel behaviour subject to criminal prosecution for conspiracy to defraud?
• what is the relationship between the cartel offence in the Enterprise Act 2002, and the common law offence of conspiracy to defraud?
• what are the practical implications of the Norris judgment for potential criminal prosecutions for conspiracy to defraud in a competition law context?