1. The adoption of a Model Leniency Programme on 29 September 2006 by the members of the European Competition Network (ECN) further highlighted the need for convergence of national leniency programmes. Largely modelled on the Community programme, the Model Programme aims to "promote a smooth harmonisation". Indeed, the members of the ECN agree that the adoption of a uniform system appears difficult, in particular because of the diversity of legislative frameworks, procedures or sanctions. Soft harmonisation based on compliance with certain common rules has therefore been chosen. However, uniformity is not to be outdone, since a system of summary applications has been provided for where the Commission is particularly well placed to examine the leniency application. These different
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ARTICLE: LENIENCY PROGRAMME - ECN - NATIONAL PROGRAMMES - MODEL PROGRAMME - DIVERGENCES - MARKERS - « LENIENCY PLUS » - DISSIMILARITIES
Towards harmonization of national leniency programmes? The case of the French, UK, German, Italian and Spanish leniency programmes
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Two years after the adoption of the Model Leniency Programme by the ECN members, the state of convergence of the national programmes should be established. While many alignments with the Model Leniency Programme may have taken place in the meantime, significant divergences remain. Some of them are not very apparent, whether in terms of the practices taken into account, the typology established or the power of the competition authority in the leniency decision. Others are, however, glaring and concern the issue of coercion, the marker or the Leniency Plus procedure. The possible application of leniency programmes to natural persons is also treated differently in different systems. The question of whether these differences should be maintained must be raised.
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