Our services

  • David Corker is a seasoned criminal defence partner with extensive experience in domestic and cross-border fraud matters. Sources say he is "very highly regarded and able to think laterally, often coming up with surprising solutions to problems."

    Chambers UK 2016

  • Sources speak of Peter's "stellar reputation," and describe him as "a real doyen of the corporate criminal area and a senior figure with a huge amount of experience."

    Chambers UK 2017

  • Peter Binning is recommended by peers for his significant experience in complex extradition matters. Sources say: "He is thorough, intelligent and very skilled."

    Chambers UK 2016

  • Peter Binning is "very good at the strategic aspects and knows how to prepare and marshal evidence for the best forensic effect."

    Chambers UK 2018

  • Jessica Parker is a well-respected name among peers and clients alike, who praise her expert handling of criminal regulatory matters.

    Who’s Who Legal: Investigations 2018

  • Corker Binning has ‘huge expertise and experience in advising senior individuals in high-profile, complex and sensitive criminal investigations’.

    The Legal 500 UK 2017

  • The team ‘brings a strong wealth of experience in dealing with criminal litigation into the complex world of fraud’ and the ‘talented lawyers demonstrate the highest professional standards’.

    The Legal 500 UK 2017

  • "They are among the top few 'big hitter' firms for private crime, and are among the few I would recommend to anyone who needed representation. They give their clients a top-notch service and are prepared to go the extra mile."

    Chambers UK 2018

Cartel or Antitrust

The Competition and Markets Authority (CMA) investigates suspected cartels and considers in some cases, whether the bespoke cartel criminal offence has been committed by individuals. This offence is designed to criminalise the most serious of “hardcore” cartels, and is aimed at those who devise and/or implement them. This offence has existed since 2003, although it was rewritten in 2014 in order to make it easier for the CMA to prosecute.

Anyone suspected of complicity in a criminal cartel may need a competition lawyer but they definitely need a criminal one. The procedure and the law concerning a CMA investigation or prosecution of an alleged cartel member is drawn from mainstream criminal law. If it goes to trial, a judge and jury decides with imprisonment likely for anyone convicted of this offence.

Companies cannot commit this offence; they are only subject to the civil enforcement regime. However, often close co-operation between the company and the suspect individual associated with it often makes for the least worst outcome. In some instances, such a joined-up approach can result in the CMA offering immunity or leniency deals to all concerned. Opening an early dialogue with the company and/or the CMA can sometimes pre-empt a successful defence. Many cartel investigations are international and we have regularly worked alongside foreign lawyers, especially from the USA.

Corker Binning has acted for individual clients suspected of cartel complicity for many years. When the offence was introduced, we partnered with a major City firm to educate the business community. When the wording of the offence changed, we worked similarly with the CBI. See our blog where we commented upon what was then being proposed here. During the years, we have acted for clients who are the subjects of cartel investigations in the automotive, avionic, electrical and construction industries. In the summer of 2017 after extensive negotiations with the CMA, we achieved a leniency (sentence discount) outcome for an individual prosecuted for the offence.

More

For more information about specific aspects of our cartel investigations practice, please visit company investigations, business crime and fraud, corruption & bribery, FCA investigations, money laundering and tax investigations or call us on 0207 353 6000. You can also read comment and analysis by our business crime lawyers and fraud lawyers on the Corker Binning Blog.

 Named as key individuals in the field of Financial Crime: Individuals: Cartel Investigations by Chambers UK 2018:

chambers-2017
Top_tier_firms

David Corker – Band 1

Peter Binning – Band 1

  • Corker Binning is ranked in Band 1 of recommended firms for Financial Crime: Individuals: Cartel Investigations by Chambers UK 2018.
  • Corker Binning is ranked as a first tier firm for Fraud by The Legal 500 2017 and David Corker and Peter  Binning are named as leading individuals for Fraud.
  • Peter Binning, David Corker, Jessica Parker and Robert Brown are recognised as leading lawyers in Who’s Who Legal: Investigations 2018.