Guidance

Competition disqualification orders: OFT510

This publication was withdrawn on 6 February 2019.

• From: Competition and Markets Authority
• Published: 1 June 2010
• Last updated: 4 June 2018 — See all updates

This publication was withdrawn on 8 February 2019

This guidance document was withdrawn on 6 February 2019 and superseded by new guidance on competition disqualification orders.

Documents

Director disqualification orders in competition cases

Ref: OFT510

PDF, 606 KB, 18 pages

Details

This guidance document has been withdrawn and superseded by a new guidance.

This guidance was originally published by the Office of Fair Trading (OFT) in 2010 and has been adopted by the CMA Board. The CMA is currently revising this guidance – which has not been amended since its original publication - and envisages publishing draft guidance and a public consultation shortly. The CMA has indicated an important change from the approach adopted in the OFT’s guidance at paragraph 4.10.

Please also note:

• all references to issues of legal assessment and procedure in investigations under the Competition Act 1998 (CA98) must be read in the light of Competition Act 1998: Guidance on the CMA’s investigation procedures in Competition Act 1998 cases (CMA8); in the case of conflict, CMA8 prevails
• references to ‘OFT Rules’, ‘Rules of Procedure’ or equivalent should be read as referring to The Competition Act 1998 (Competition and Markets Authority’s Rules) Order 2014 SI 2014/458 (the CA98 Rules) but note that in the case of any conflict between the Article numbers or content of the CA98 Rules and the previous OFT Rules, the CA98 Rules prevail
• references to the OFT or the Competition Commission (CC) (except where referring to specific past OFT or CC practice or case law) should be read as referring to the CMA
• references to the substantive powers of investigation or assessment of the approach to applying legal powers (for example, the approach to publishing notices of investigation, interim measures or penalties for non-cooperation with an investigation under the CA98), should be read in light of CMA8
• references to dishonesty in respect of the cartel offence are only relevant for cartels entered into prior to 1 April 2014. The Enterprise and Regulatory Reform Act 2013 (ERRA13) removes dishonesty as an element of the cartel offence for agreements entered into on or after 1 April 2014 or which relate to arrangements made or to be made on or after that date. The ERRA13 also introduces statutory exclusions and defences to the offence. Please refer to Cartel Offence Prosecution Guidance (CMA9) for further information.
• references to articles of the EC Treaty should be read as referring to the equivalent articles of the Treaty on the Functioning of the European Union
• certain OFT or CC departments, teams or individual roles may not be replicated in the CMA, or may have been renamed; the CMA’s structure is set out in our organisation chart
• do not use any contact details quoted; please go to the home page for details on how to contact the CMA

Published 1 June 2010
Last updated 4 June 2018 + show all updates

1. 4 June 2018

   Guidance amended.

2. 1 June 2010

   First published.