The European Competition Network, an organisation that brings together competition authorities from EU member states, has revised its model leniency programme (adopted in 2006). The objective of the model programme is to ensure convergence between the leniency programmes implemented by each national competition authority in order to guarantee that leniency remains an attractive option for undertakings facing multiple filings with several competition authorities.
The main changes are as follows:
- The possibility to submit summary applications has been extended to all categories of leniency. This option is no longer reserved for leniency applications likely to result in total immunity, but is now also open to leniency applications resulting in only partial exoneration;
- A standard template is available to undertakings and can be used for all of their leniency applications to the various competition authorities; and
- The revised programme clarifies the scope of the practices in question (secret cartels, including cartels containing vertical elements), the content of the obligation to cooperate (non-disclosure of the leniency application), and the level of protection of confidentiality within the context of communications between different authorities.
To be operational, these changes must be incorporated into each competition authority's leniency programme or implemented in practice.
For further information on this topic please contact Léna Sersiron or Maia Spy at Baker & McKenzie by telephone (+33 1 44 17 53 00), fax (+33 1 44 17 45 75) or email ([email protected] or [email protected]).
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