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OFT revised fining guidelines

By Eric B. Miller & Marjorie Holmes on September 26, 2012
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This post was also written by Angela Gregson.

The OFT has afforded itself an enhanced ability to set higher fines in UK competition cases. Changes made by the OFT to its procedure for determining the appropriate level of fine include an increase in the starting point of the fine from a maximum of 10% of relevant turnover to a maximum of 30% of relevant turnover. The OFT have also added an additional step to the calculation process in relation to adjustment for deterrence or proportionality. The new guidelines are effective immediately, and apply to existing investigations which have not yet progressed to a statement of objections.

Please click here to read our full Client Alert in relation to this important change.

Photo of Eric B. Miller Eric B. Miller

Eric Miller represents clients in a variety of complex commercial disputes. His experience includes tort, product liability, toxic tort, foreclosure, lender liability, Uniform Commercial Code, prejudgment remedy, unfair trade practice, employment, landlord-tenant, and contract disputes. Eric litigates matters in both Connecticut State and…

Eric Miller represents clients in a variety of complex commercial disputes. His experience includes tort, product liability, toxic tort, foreclosure, lender liability, Uniform Commercial Code, prejudgment remedy, unfair trade practice, employment, landlord-tenant, and contract disputes. Eric litigates matters in both Connecticut State and Federal Courts, and has successfully tried cases to judgment. For example, he obtained a multi-million dollar judgment in favor of a Lender client in a construction loan dispute with lender-liability counterclaims.

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Photo of Marjorie Holmes Marjorie Holmes
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  • Posted in:
    Antitrust, Competition and Trade
  • Blog:
    Global Regulatory Enforcement Law Blog
  • Organization:
    Reed Smith LLP

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