Immunity From Fines In Cartel Cases For Whistleblowers

Office for Competition publishes proposed Leniency Regulations

On 14 June 2013, the Maltese Office for Competition within the Malta Competition and Consumer Affairs Authority published for consultation proposed Regulations providing for the power to waive or reduce the applicable fine in cartel investigations ("Leniency Regulations").

The proposed Leniency Regulations offer companies that self-report their participation in a secret cartel and provide evidence about it, either total immunity or a reduction of fines which the Office for Competition would have otherwise imposed on them.

Background

Cartels are prohibited under Article 5 of the Competition Act and Article 101 of the Treaty on the Functioning of the European Union ("TFEU").