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Part 3 · Proceedings  ›  Division 2 · Leniency Programme › Section 81j

General Conditions for Leniency

(1) Leniency may be granted only if the applicant

1.  discloses its knowledge of, and its role in, the cartel to the competition authority in its leniency application or if a cartel participant, in the event of an application in its favour, fully cooperates in clarifying the facts;

2.  ends its involvement in the cartel immediately after filing its leniency application, except for individual activities that, in the competition authority's view, may be necessary to preserve the integrity of its investigation;

3.  meets the obligation to cooperate genuinely, continuously and expeditiously with the competition authority from the time of its leniency application until the conclusion of the competition authority's enforcement proceedings against all cartel participants; this includes in particular

a)  promptly providing all information and evidence relating to the cartel that is accessible to the applicant,

b)  answering any request that may contribute to establishing the facts,

c)  making directors, managers and other members of staff available for questioning; with respect to former directors, managers and other former members of staff, efforts to that effect shall be considered sufficient,

d)  not destroying, falsifying or concealing information or evidence relating to the cartel and

e)  not disclosing the fact of its leniency application, or any of its content, until the competition authority has released the applicant from this obligation;

4.  while contemplating filing a leniency application,

a)  did not destroy, falsify or conceal information or evidence relating to the cartel and

b)  did not disclose the fact of its contemplated leniency application, or any of its contemplated content; this does not preclude an applicant from disclosing the fact of its contemplated leniency application, or any of its contemplated content, to other competition authorities.

(2) The conditions set out in subsection (1) shall apply mutatis mutandis to the cartel participants in whose favour the leniency application has been filed pursuant to Section 81i(2).

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