LEGAL PRACTICE : CARTELS - PROCEDURE - LENIENCY PROGRAM - CONFIDENTIALITY RULES - LEVEL OF EVIDENCE

How to deal with a leniency request ?

The French leniency program has been in effect for over a decade, as in the Netherlands. Yet, some issues concerning the application of these original procedures still remain. What is, in practice, their role in the fight against secret cartels? Which requirements of cooperation burden on businesses? What is the level of evidence the competition authority can expect? How can leniency statements be protected under confidentiality rules?

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Introduction 1. We have now become accustomed to seeing leniency programmes in the procedural landscape of competition [1]law . But they are not that old! It is true that the US Department of Justice introduced its leniency programme almost thirty-five years [2] ago and the European Commission has been practising leniency since the early 1990s [3]. However, in France, the clemency procedure is just over ten years old, [4] as it is in the Netherlands [5]. These two systems converge largely under the influence of the model programme established within the European Competition Network in 2006 [6]. The fact remains that our leniency programmes are not

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Authors

  • University of Aix-Marseille
  • French Competition Authority (Paris)
  • Orrick, Herrington & Sutcliffe (Paris)
  • Netherlands Authority for Consumers & Markets (The Hague)

Quotation

David Bosco, Anne Krenzer, Philippe Rincazaux, Pablo Amador Sanchez, How to deal with a leniency request ?, September 2012, Concurrences N° 3-2012, Art. N° 48054, pp. 259-269

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