SCLF – Spring Meeting
Hosted by Maclay Murray & Spens LLP
Competition law and the individual: what are the risks?
Following the recent collapse of the BA criminal cartel case and only one successful prosecution in the UK, individuals may think that they are out of the woods: think again!
As well as the risk of facing a prison sentence if found guilty of the cartel offence, individuals are also at risk of a Competition Disqualification Order which could disqualify them from acting as a director for up to 15 years. As the desire to hold directors responsible mounts, individuals must be aware of the potential far reaching consequences.
Our three speakers are:
Philip Collins, Chairman of the OFT. He will discuss the competition agency’s approach towards individuals including: policy reasons for sanctions being individual as well as corporate and for making individual sanctions criminal rather than civil; the complementary nature of such sanctions; the role of directors and senior managers in promoting a compliance culture; the responsibilities of individuals in the corporate world towards competition, compliance and infringements; the relevant OFT guidance; and the approach of the OFT towards disqualification proceedings.
Keith Packer, formerly of BA, and now Top Bunk Thinking Ltd has first-hand experience of facing criminal proceedings. He will recount his story from the initial dawn raid through to his Plea Agreement in the US and the resultant prison sentence. Keith these days is an inspirational speaker who adds a real-life context to companies engaged in compliance programmes. Message to salespeople who are sceptical about the importance of competition law compliance: think again!
Mark Furse, Professor of Competition Law and Policy at Glasgow University, will discuss the arguments from law and economics relating to individual sanctions and competition law. A leading academic writer in the field, Mark has grave misgivings about the UK’s criminal cartel offence and will share these uncompromisingly.