A recent decision of the CMA has found that instigation and awareness of cartel activity can be sufficient to attract a fine under UK competition law. Following an investigation into suspected anti-competitive behaviour in relation to the price at which Rangers FC-branded replica football kit was sold in the United Kingdom, the CMA found that there was a ‘concurrence of wills’ between Rangers Football Club and the cartel’s direct participants. Rangers Football Club was, therefore, deemed a participant in an agreement to fix the retail price at which competitors were to sell replica kits and was subject to financial penalties. This decision makes it clear that parties who initiate or understand the coordination of prices between competitors and who do not take steps to distance themselves from such conduct may fall foul of the Competition Act 1998. A full examination of the decision can be found here.
