Leniency applications Legal basis

Dealing with leniency applications Legal basis

2006 Leniency Notice: The Commission's current policy on leniency applications is described in the 2006 Commission notice on immunity from fines and reduction of fines in cartel cases (the “2006 Leniency Notice”) 1 . The 2006 Leniency Notice applies to all new leniency applications made since the publication of the Notice on 8 December 2006. The only exception to this is where another undertaking had already made a leniency application in respect of the same case under the 2002 Leniency Notice, in which case the 2002 Notice will apply to the entire case, including any subsequent leniency applications.

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2002 Leniency Notice: The 2002 Commission notice on immunity from fines and reduction of fines in cartel cases (the “2002 Leniency Notice”) 2 applies to all cases where, prior to adoption of the 2006 Leniency Notice, an application for immunity or reduction of fines had been received. However, the section of the 2006 Notice on handling of corporate statements is applied from its publication on 8 December 2006 also to all applications made under the 2002 Notice.

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As the procedure for dealing with leniency applications is for most parts similar under both Notices, with few exceptions (such as in particular the marker system that applies under the 2006 Notice), the guidance hereafter deals with all applications unless specifically mentioned that it only concerns applications made pursuant to one or the other Notice.

Resources

See Also

References

• Information about Leniency applications Legal basis in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

• Information about Leniency applications Legal basis in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)