Status:
Published on 31-Jan-2012
This tool enables subscribers to search the Country Q&A in the PLC Cartel leniency multi-jurisdictional guide by question and jurisdiction. Simply select the questions and the jurisdictions that you are interested in and click the "submit" button.
Please note that the law stated dates for each jurisdiction covered may not be the same. To check the law stated dates for each jurisdiction, please visit the individual article.
Please also note this project is currently being updated so the Q&A tool will not include all available jurisdictions in this subject area.
Regulation
1.
What laws provide for a leniency programme and which regulatory authority administers it? Is there any published guidance?
Scope of application
2.
What infringements of competition law does the leniency programme cover?
Recent cases
3.
What notable recent cases have applied the leniency programme?
Availability of leniency
Civil liability
4.
Is full immunity from civil fines available? What conditions must be met for immunity to be granted?
5.
Is there a sliding scale of available leniency from civil fines?
6.
Is immunity or leniency for civil fines available to individuals? If so, what conditions apply?
Criminal liability
7.
Is immunity or leniency available for companies and/or individuals in relation to criminal prosecution? What are the implications for individuals when an undertaking has been granted immunity or leniency?
Application proceedings
8.
When should an application for leniency be made?
9.
What are the procedural rules for leniency applications?
10.
What are the applicable procedures and timetable?
Withdrawal of leniency
11.
In what circumstances and at what stage of the proceedings can leniency be withdrawn? What implications does the withdrawal of leniency from one company have for other applicants?
Scope of protection
12.
What is the scope of leniency protection after it has been granted?
13.
Does the competition authority offer any further reduction in fines for an undertaking's activities in one market if it is the first to disclose restrictive agreements and practices in another market (leniency plus)?
Confidentiality and disclosure
14.
What are the rules relating to confidentiality during a leniency application?
15.
What are the rules concerning disclosure of statements made in support of a leniency application?
Inter-agency co-operation
16.
Does the regulatory authority in your jurisdiction co-operate with regulatory authorities from other jurisdictions in relation to leniency? If so, what is the legal basis for and extent of co-operation?
Proposals for reform
17.
Are there any proposals for reform?