Reed Smith Client Alerts

Personal liability for competition law breaches is becoming a theme of increasing concern, as competition regimes internationally are taking new measures to sanction natural persons. These developments are in response to the recognition by competition authorities and governments of the severe damaging effects that competition law infringements induce.

Authors: Marjorie C. Holmes Ross Mackenzie Emma Weeden Vaibhav Adlakha Jennifer M. Driscoll Michaela Westrup Audrey Augusto Dimitrios Pittas

  • Individuals must be wary of competition law compliance, as they can be held personally liable for breaches of competition law with potential exposure to both civil and criminal sanctions.
  • In the UK, the CMA has recently expressed an increased willingness to enforce its powers more aggressively against individuals, to limit further competition law breaches.
  • The United States are still leading in competition law enforcement against individuals, while European competition authorities are gradually increasing the exercise of such powers.
  • Personal liability for competition law breaches exists in numerous jurisdictions internationally but its severity varies significantly; some jurisdictions adopt a criminal regime whilst other prefer a civil-only approach.