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Leniency & competition law: An overview of EU and national case law

More than 25 years after the adoption of the first European Commission Leniency Notice, [1] 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”). [2] 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. [3] 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. [4] Leniency programmes are a crucial tool for uncovering cartels. Historically, a large majority of cartel decisions adopted by European

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