Abstract
This article examines the revised cartel offence and in particular the new ‘obtaining legal advice’ defence. It suggests that the defence should be afforded a purposive interpretation by the courts. Read literally, it undermines the offence by defeating the purpose of the legislation and creating an absurdity that runs counter to effective legal policy.
| Original language | English |
|---|---|
| Article number | 12 |
| Pages (from-to) | 877-890 |
| Number of pages | 14 |
| Journal | Criminal Law Review |
| Volume | 12 |
| Issue number | 2014 |
| Publication status | Published - 2014 |
Profiles
-
Andreas Stephan
- School of Law - Professor of Competition Law & Head of School
- Centre for Competition Policy - Member
- Competition, Markets and Regulation - Member
Person: Research Group Member, Research Centre Member, Academic, Teaching and Research
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