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Director Accountability for Breach of Competition Law: Practical Lessons from the CMA’s increased use of Disqualification powers

Chijioke-Oforji, C (2021) Director Accountability for Breach of Competition Law: Practical Lessons from the CMA’s increased use of Disqualification powers. ECLR: European Competition Law Review, 42 (1). pp. 24-29. ISSN 0144-3054

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Abstract

In recent times, the Competition and Markets Authority (CMA) – the UK’s Competition Regulator has sought to disqualify Company Directors for Breach of Competition Law using a little-known power in the Company Directors Disqualification Act 1986. This power, introduced in the early 2000s, has been invoked in, at least, thirteen cases over the last four years. The practical effect of the CMA’s disqualification regime is the prohibition of concerned persons from carrying out functions of the kind exercised by an ordinary company director. This article attempts to draw key lessons from the CMA’s director disqualification regime. It also highlights practical difficulties for the CMA in maximising the deterrent potential of the regime.

Item Type: Article
Additional Information: This is a pre-copyedited, author-produced version of an article accepted for publication in ECLR: European Competition Law Review following peer review. The definitive published version E.C.L.R. 2021, 42(1), 24-29 is available online on Westlaw UK.
Uncontrolled Keywords: 1801 Law
Subjects: K Law > K Law (General)
Divisions: Law
Publisher: Sweet and Maxwell
Date Deposited: 23 Jul 2020 09:36
Last Modified: 31 Jan 2022 00:50
URI: https://researchonline.ljmu.ac.uk/id/eprint/13350
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