The OFT today published a Memorandum of Understanding reached with the Scottish Crown Office on, amongst other things, immunity for criminal prosecution for cartelists who blow the whistle. While in the rest of the UK, the OFT is in a position to provide individuals with no-action and comfort letters that it will not bring criminal proceedings against them, the same is not the case in Scotland where the Lord Advocate is wholly responsible for the criminal prosecution of cartel type behaviour.
The MOU is more robust and detailed than the 2003 MOU it replaces and specifically provides that the Lord Advocate will give "serious weight" to any OFT recommendation (which will no doubt reflect OFT guidance and practice) that criminal immunity should be granted. The MOU, therefore, provides individuals with greater certainty that they will be treated in the same manner in Scotland as they would be in the rest of the UK.
View the press release from the OFT.