Receiving the evidence

Initial contacts and receiving the evidence/application

The 2002 Leniency Notice does not prescribe how an undertaking must apply for a reduction of a fine. It is sufficient that the undertaking provides the Commission with evidence of significant added value. However, the 2006 Notice specifies that any submissions for a reduction of fines have to be clearly identified as being part of a formal application for a reduction of a fine.

More about Receiving the evidence

Often this will be done in the context of an application for immunity. If so, the application may from the outset be expressed to be made “in the alternative” for a reduction of a fine. In such cases the procedures for contacting the Commission and providing the evidence will be as set out in Section 4.1 above (save for the fact that there is no provision for the making of hypothetical applications).

More about the Subject

As in the case of an immunity application, an undertaking may provide both pre-existing written evidence available to it and a corporate statement, which may be given either in writing or orally. The procedures for the taking and recording of an oral statement will be the same as those which apply in the case of an application for immunity (see Section 4.1.1 above).

Other Considerations

As in the case of immunity applications, where the evidence is provided in a meeting or otherwise than via the dedicated fax number referred to above, the applicant will need to declare that it has been reminded of the obligation under point 32 of the 2006 Leniency Notice and that it is fully aware that corporate statements cannot contain any business secrets or other confidential information (see (52) above).

Resources

See Also

References

• Information about Receiving the evidence in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

• Information about Receiving the evidence in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)