[2007] EWCA Crim 2659

Although common law recognised a right to combine to defend one's own business interests it had never been suggested that such trade combinations were safe from criminal prosecution; common law was no defence to an allegation of conspiracy to defraud arising out of a secret price-fixing agreement. The restrictive practices regime sought to ensure fair competition and was not concerned with dishonesty but nevertheless did not preclude prosecution for conspiracy to defraud.

CA (Crim Div) (Moses LJ, Jack J, Owen J)

09/11/2007