Autorité de la concurrence has published a new procedural regulation on leniency. The new procedural regulation aims to encourage undertakings to apply for leniency in order to obtain full or partial exemption from fines and to clarify the regulations.
Under the new procedural regulation on leniency, the following points stand out:
- The leniency application methods have been diversified. In this context, in addition to the current possibility to apply by letter/phone, the Autorité's website and hand delivery options have been added.
- The conditions for full or partial exemption from fines have been clarified.
- Where applicants have been given time to gather the necessary information to support their application, the existing marking system is enshrined, ensuring that their application retains its place in the ranking of applications for leniency.
- On the admissibility of evidence in proceedings before the Autorité, the principle of freedom of evidence has been adopted, in line with European case law and similar to that applicable in criminal proceedings. For example, secret audio recordings can now be submitted by applicants for leniency.
- Depending on the circumstances, the practice of follow-up on leniency applications by the General Rapporteur has been elaborated and strengthened.
- The scope of the potential civil liability of the beneficiaries of leniency and how the criminal liability of its administrators can be limited have been elaborated and clarified.
(Autorité de la concurrence – 18.01.2024)
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
