More than 25 years after the adoption of the first European Commission Leniency Notice, the fight against cartels remains at the top of the European Commission’s (“Commission”) priorities, and the 27 European Union (“EU”) national competition authorities (“NCAs” or “CAs”). The economy is facing significant challenges as it needs to recover from the deep crisis caused by the pandemic. That recovery must also be in a way that is consistent with a greener and digital future. In light thereof, the Commission considers it is more important than ever that markets work fairly and well, and that it will take firm action to tackle cartels. Leniency programmes are a crucial tool for uncovering cartels. Historically, a large majority of cartel decisions adopted by European competition authorities is based on immunity and leniency applications. The number of leniency applications is however decreasing. The increasing cost and risk associated with obtaining immunity from different jurisdictions around the world, together with the private enforcement risk, seems to disincentive companies from applying for leniency. The Commission is increasing its focus on the operation of the leniency programme, and has launched regular discussions with business and other competition enforcers to get their views and share experiences.
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