IB v R

IB v R

Section 188 Enterprise Act 2002 is not 'national competition law' within the meaning of the Modernisation Regulation (EC 1/2003); therefore, the Crown Court retains jurisdiction to try such offences even where the conduct has a European dimension. The Regulation does not restrict prosecution or punishment of section 188 offences to designated national competition authorities.

Parties
Appellant: IB; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
09 December 2009
Procedural Posture
Criminal Appeal / Interlocutory Appeal From Preparatory Hearing Ruling on Jurisdiction
Outcome
Appeal dismissed
Legal Topics
Cartel Offences, Jurisdiction, Application of EU Law, Enterprise Act 2002, Modernisation Regulation
Competition Law Criminal Law European Union Law Cartel Offences Jurisdiction Application of EU Law Enterprise Act 2002 Modernisation Regulation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

IB

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Interlocutory Appeal From Preparatory Hearing Ruling on Jurisdiction

Legal Issues

  1. 1 Whether the Crown Court has jurisdiction to try a cartel offence under section 188 Enterprise Act 2002 where the conduct has a European dimension
  2. 2 Whether section 188 is 'national competition law' within the meaning of the Modernisation Regulation (EC 1/2003)
  3. 3 Whether only a designated national competition authority can prosecute or impose penalties for such offences

Ratio Decidendi

Section 188 Enterprise Act 2002 is not 'national competition law' within the meaning of the Modernisation Regulation (EC 1/2003); therefore, the Crown Court retains jurisdiction to try such offences even where the conduct has a European dimension. The Regulation does not restrict prosecution or punishment of section 188 offences to designated national competition authorities.

Court Disposition

Appeal dismissed

Orders

  • The appeal against the preparatory hearing ruling on jurisdiction is dismissed.