Cartel Criminalisation and Electronic Document Reviews

A cartel is where two or more businesses agree not to compete with each other. Examples of conduct include price fixing, allocating markets, rigging bids or restricting output of goods and services. Starting 8 April 2021, new law means that cartel conduct could be punished with up to 7 years’ imprisonment.

Given the increasingly serious consequences, now is a good time to review your risks associated with breaching competition law. As the offence aims to target individuals who are the decision-makers in cartel arrangements, a review of their electronic data is a good starting point.

Should an investigation be launched, consider how quickly you can respond. This is particularly important given the availability of the leniency and immunity policy. Factors to consider include:

  • document management
  • managing the response
  • collecting, processing and reviewing electronic data
  • the use of Machine Learning and other advanced techniques to locate potentially relevant documents

Incident Response Solutions can assist you with a range of services relating to the new law, please get in contact to discuss further.