Ba trial collapses

A former cartel-buster at the European commission, Julian Joshua, echoed the defence team's criticism, warning that the leniency guidelines appeared to discourage more pro-active OFT investigations by promoting reliance on whistleblowers. Now a partner at the Howrey law firm in Brussels, Joshua criticised the OFT claim that immunity programmes are needed because cartels are so secretive.

Excessive reliance on immunity applications can make investigators and prosecutors complacent. Joshua warned that a reliance on a immunity regime could discourage firms from confessing to cartel behaviour, by fostering the realisation that if no one hands themselves in no one will be charged. Enforcement agencies need to send the message that immunity applications are not the only way they will uncover secret cartels.

The OFT said the case fell on "procedural and disclosure grounds" and had provided a "realistic prospect of conviction. Password Must be at least 6 characters, include an upper and lower case character and a number. Must be at least 6 characters, include an upper and lower case character and a number. First name Please enter your first name.

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