CAT allows in part Construction Recruitment Forum penalty appeals, and rules on application of OFT’s Penalties Guidance
Hays and others v. OFT  CAT 8
The Competition Appeal Tribunal has allowed in part the appeals of three undertakings which participated in the Construction Recruitment Forum cartel, reducing their fines by approximately 80%.
The Tribunal's judgment gives detailed consideration to several aspects of the Penalties Guidance which the OFT uses to set fines, in particular:
- The appropriate measure of turnover to use when setting a penalty in the recruitment sector.
- The correct year(s) in which to assess an undertaking's turnover.
- The "seriousness percentage" which can be justified for an infringement involving price fixing and a collective boycott.
- How to adjust an undertaking's basic penalty so as to ensure that the penalty meets the twin objectives of culpability and deterrence.
- When an employee involved in an infringement will be regarded as a "senior manager" by way of an aggravating factor.
- The extent to which the adoption of a programme designed to foster compliance with competition law counts as a mitigating factor.
The judgment is here.