Leniency Notice: Updated Guidance From The European Commission

The European Commission recently announced new guidance on its leniency policy and practice in an effort to increase transparency and predictability and to make the leniency process more accessible to potential applicants. The new guidance, which comes in the form of updated Frequently Asked Questions (FAQs), clarifies certain concepts and current practices of the Commission with respect to leniency. It also aims to raise awareness of the protections and benefits available to leniency applicants beyond those described in the Leniency Notice, which governs the Commission's leniency program.

BACKGROUND

The leniency program allows companies to self-report to the Commission their participation in a cartel and cooperate with the Commission's investigation in exchange for full or partial immunity from fines. The European Union saw a decrease in antitrust enforcement activity during the height of the COVID-19 pandemic. Fines are down in part because of the enforcement