Leniency: Is It Worth It?

Unlawful cartels almost always come to the attention of the authorities as a result of whistle-blowing: either by an individual (ex)employee or by one of the cartelists themselves seeking immunity from fines. Under the European Commission's Leniency Notice, the first company through the door can (subject to certain conditions including genuine, full and ongoing cooperation) secure immunity from fines. Thereafter, companies can benefit from a reduction in fines if and to the extent they provide "significant added value", as follows:

• First (after immunity applicant) to provide significant added value: potential reduction of 30-50%
• Second to provide significant added value: potential reduction of 20-30%