LEGAL PRACTICE : EUROPEAN COMMISSION - LENIENCY NOTICE - FULL IMMUNITY - PARTIAL IMMUNITY - FINES’ REDUCTION - GUIDELINES ON THE METHOD OF SETTING FINES

The enforcement of the 2002 leniency notice by the European Commission

This year a study was conducted to examine the European Commission’s application of the 2002 Leniency Notice. This article outlines the main conclusions of the study. Insight was given on the Commission’s interpretation of certain points of the Notice as well as on the delicate combination of the different types of leniency available (full immunity, partial immunity, reduction of fines), and the combination of the Leniency Notice with other European texts such as the Guidelines on the method of setting fines. Comparative tables were drawn to give an overview of the Commission’s decisions.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. Leniency programmes are an indispensable instrument in the fight against cartels. We are now on the borderline between the 2002 [1]Communication on cooperation, in the application of which the Commission now has a great deal of experience, built up over almost six years, and the 2006 [2]Communication, on which little information is still available as cases are still pending. The time had therefore come to take stock of the application of the 2002 Communication, especially as most of the conclusions may also be useful for the application of the 2006 Communication. 2. The methodology followed was simple: reference all the decisions in which the

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  • Latham & Watkins (Brussels)

Quotation

Marine Dewaele, The enforcement of the 2002 leniency notice by the European Commission, December 2011, Concurrences N° 4-2011, Art. N° 38803, pp. 232-238

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