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First leniecy applicant fined due to negligent non-cooperation

April 2010 - EU & Competition. Legal Developments by Saxinger Chalupsky & Partners Rechtsanwäl.

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On April 14, 2010 the Austrian Cartel Court released a decision1 imposing an overall fine of EUR 1.52 million on four companies participating in a cartel in the printing chemical sector. The investigation of the cartel by the Austrian Federal Competition Authority was triggered by a leniency application. As in other jurisdictions, if all requirements are fulfilled no fine will be imposed on the first leniency applicant for his cooperation. However, in this particular case, the first leniency applicant negligently failed to fulfil its obligation of full cooperation. Consequently, the Austrian Federal Competition Authority requested the Austrian Cartel Court to impose a fine on the first leniency applicant.

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