George & Ors, R v [2010] EWCA Crim 1148 (28 May 2010)

George & Ors, R v [2010] EWCA Crim 1148 (28 May 2010)

Section 188 of the Enterprise Act 2002 imposes criminal liability on an individual who dishonestly agrees to make or implement prohibited arrangements, regardless of whether the other party to the agreement was also dishonest; mutual dishonesty is not required.

Citation
[2010] EWCA Crim 1148
Parties
Prosecution: R; Appellant: George; Appellant: Burns; Appellant: Burnett; Appellant: Crawley
Jurisdiction
England and Wales
Judgment Date
28 May 2010
Procedural Posture
Criminal Appeal / Appeal Against Preparatory Hearing Ruling
Outcome
appeal dismissed
Legal Topics
Dishonesty, Cartel Offence, Enterprise Act 2002 Section 188, Interpretation of Statutory Requirements
Criminal Law Competition Law Dishonesty Cartel Offence Enterprise Act 2002 Section 188 Interpretation of Statutory Requirements

Case Brief

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Parties

R

Prosecution

George

Appellant

Burns

Appellant

Burnett

Appellant

Crawley

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Preparatory Hearing Ruling

Legal Issues

  1. 1 Whether section 188 of the Enterprise Act 2002 requires proof of mutual dishonesty for cartel offence
  2. 2 Interpretation of 'dishonestly agrees' in section 188(1)

Ratio Decidendi

Section 188 of the Enterprise Act 2002 imposes criminal liability on an individual who dishonestly agrees to make or implement prohibited arrangements, regardless of whether the other party to the agreement was also dishonest; mutual dishonesty is not required.

Court Disposition

appeal dismissed

Orders

  • Appeal against preparatory hearing ruling dismissed; trial to proceed.