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UK’s Competition and Market Authority: [Real] Estate Agents Cartel Case Study

September 18, 2017 by Robert Connolly

I thought this might be of interest to readers and/or to pass on to clients.  The UK’s Competition and Markets Authority (CMA) just published a case study of their investigation of a real estate against cartel in the UK (here).   Below are the lessons learned section of the study:

What are the lessons?

  • Be careful when talking business with your competitors – make sure you don’t agree not to compete with each other.

  • Be especially wary of any conversations about pricing, or about a shared approach to pricing. Each business must set and decide its prices independently.

  • Competition law applies to small businesses as well as large ones. The estate agents in this case were small local or regional businesses.

  • The consequences of breaking competition law can be severe; fines can be as much as 10% of a business’ global turnover and a director can be banned from being a director of a company, or being involved in the promotion, formation or management of one, for up to 15 years. In the most serious cases, individuals can go to prison for up to 5 years. [In the United States the maximum prison sentence is 10 years.]

  • Competition law applies to all industries and the CMA will take action against those breaking the law.

  • The Somerset estate agents’ cartel is the second recent enforcement case the CMA has taken in the property sector. The CMA remains committed to tackling illegal anti-competitive conduct in the sector.

You can subscribe to the CMS for email updates (here).

Thanks for reading.

Filed Under: Antitrust Compliance Tagged With: cartelcapers, connolly

A Short History of the Philadelphia Field Office

June 1, 2014 by Robert Connolly

The Philadelphia Field Office (PFO) of the Antitrust Division, U.S. Department of Justice, was established in 1948 and until its demise in 2013 was one of the premiere and most innovative criminal prosecution offices in the Antitrust Division. The history of the office in many ways tells the history of the development of criminal antitrust enforcement. I was proud to serve with the men and women of that office who took enforcement of the antitrust laws seriously, and had a heck of a good time doing it. [Read more…]

Filed Under: Antitrust Compliance, Blog

FCPA and Antitrust Compliance Training: Perfect Together

May 30, 2014 by Robert Connolly

FCPA and Antitrust Compliance Training: Perfect Together

             Antitrust compliance programs are the granddaddy of the compliance world. They burst on to the scene in the early 1960’s after the Philadelphia Field Office of the Antitrust Division broke the Great Electrical Equipment Conspiracy.   The conspiracy and investigation were featured on the front pages of Time and Fortune magazines, among other major media outlets. Guilty pleas were netted against corporate giants such as General Electric and Westinghouse and executives in the c-suite even served jail terms. At the same time, a plaintiffs’ lawyer, Harold E. Kohn, was developing the class action antitrust suit and sought millions of dollars in damages. Before long, antitrust compliance programs were rolled out to every major company in America. [Read more…]

Filed Under: Antitrust Compliance, Blog

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The US Supreme Court has called cartels "the supreme evil of antitrust." Price fixing and bid rigging may not be all that evil as far as supreme evils go, but an individual can get 10 years in jail and corporations can be fined hundreds of millions of dollars. This blog will provide news, insight and analysis of the world of cartels based on the many years my colleagues and I have as former feds with the Antitrust Division, USDOJ.

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