What is a leniency Programme?
In essence, the leniency programme offers those undertakings involved in a cartel which self-report and hand over evidence, either total immunity from fines or a reduction from the fines which the Commission would have otherwise imposed on them.
Has EU leniency policy been successful?
It is without doubt that the Leniency Policy has been a great success in combating cartel infringement within the European Union, and leniency is becoming a cornerstone of competition law.
What is leniency competition law?
The system enables companies and their lawyers to type-in corporate statements directly online on DG COMP’s secure server and to upload supporting documents. eLeniency avoids the need for companies or their lawyers to travel to DG COMP’s premises to dictate oral corporate statements.
What is leniency plus?
Introduction. Leniency plus or amnesty plus. 1. is a tool, which allows a cartelist, who is unable to secure complete. immunity under the leniency policy, to cooperate with an antitrust agency.
Is resale price maintenance legal in India?
Under the Indian Competition Act, Resale Price Maintenance (RPM) is defined under Section 3(4) (e) of the Act as including any agreement to sell goods on the condition that the prices to be charged on the resale by the purchaser shall be the prices stipulated by the seller unless it is clearly stated that prices lower …
How do you use leniency in a sentence?
Leniency in a Sentence 🔉
- Despite his history of violent, the judge decided to grant him leniency due to his quick admission of guilt.
- Because he agreed to expose his supplier, the drug dealer was granted leniency in his sentencing.
What is a cartel EU law?
A cartel is a group of independent companies which join together to fix prices, to limit production or to share markets or customers between them. Cartelists can also collude on product quality or innovation. Article 101 TFEU prohibits anti-competitive agreements between two or more independent market operators.
Is the European Union a cartel?
the miscellaneous market regulations of EU, but also its health care and environmental standards, can be seen to correspond to standardization cartels, partially also to conditions cartels. the settlements on maximum prices for cell phone calls within Europe constitute a supranationally decreed calculations cartel.
What might happen to you if you admit to your involvement in a cartel?
Penalties for involvement in cartels Individuals may be sent to prison for up to five years and businesses may be fined up to 10% of worldwide turnover. Any company directors involved in the cartel may also be disqualified from acting as a director for up to 15 years.
Is resale price maintenance price fixing?
What is a minimum resale price maintenance agreement?
Resale Price Maintenance Agreements or (RPM) are arrangement where resellers agree that they will sell product or products at certain prices at or above price floor (minimum RPM) or at or below a price ceiling (maximum RPM).
What are examples of leniency?
Leniency is a noun that refers to the lessening of a punishment or chore. Your father’s leniency, for example, resulted in you not having to paint the entire house like your mother wanted. Instead you just had to paint the garage. Leniency also refers to a person’s sense of mercy or tolerance.
What is the European Commission’s leniency programme?
Through the European Commission’s leniency programme, the first company to report its involvement in a cartel to the Commission can obtain immunity from fines. Make sure your company does report, before another cartel participant does so.
What is the Commission’s leniency programme for cartel breaches?
The Commission’s leniency programme is only available for breaches of competition law that constitute cartels.
How do I apply for immunity or leniency?
Applications for immunity or leniency must be submitted to DG COMP. Undertakings can submit leniency applications themselves or (more commonly) through legal advisors. It is generally advisable to contact the Commission’s cartel division in advance, including to confirm whether immunity or leniency is available in a particular market.
What is the “one-stop shop” approach to leniency?
The alignment of the leniency programs on the ECN model creates a “one-stop shop” mechanism, which allows undertakings to submit a main application to the Commission and a summary application to the national authorities they consider “well-placed” to handle the case.