[2008] UKHL 17

Price fixing, even when involving secretive and deceptive behaviour, was not sufficient to constitute conspiracy to defraud; it had to be accompanied by aggravating elements of the type identified in Norris v United States [2008] UKHL 16, [2008] 1 A.C. 920. In the instant case, although the prosecution case statement listed sufficient aggravating elements, the indictment was defective because it did not charge any specific aggravating elements which would elevate price fixing into an indictable conspiracy to defraud.

HL (Lord Bingham of Cornhill, Lord Rodger of Earlsferry, Lord Carswell, Lord Brown of Eaton-under-Heywood, Lord Neuberger of Abbotsbury)

12/03/2008