Court of Appeal Judgment May Affect UK/US Cooperation in Criminal Cartel Enforcement

November 2008
Alistair Graham, Charles Balmain

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On Friday 14 November, judgment was handed down by the English Court of Appeal (Criminal Division) in an appeal arising in relation to one of the numerous ongoing actions being taken against participants in the so-called "Marine Hose" cartel.

The Court of Appeal’s judgment demonstrates – once again – the extraterritorial reach of US antitrust laws and could have important ramifications for future cooperation between the US Department of Justice, Antitrust Division ("DOJ") and the UK’s Office of Fair Trading ("OFT") in the field of criminal enforcement of cartels.