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May 21, 2013

The OECD has published a new Policy Roundtable report entitled Leniency for Subsequent Applicants, which follows a debate by its Competition Committee last fall.  This new report includes an executive summary of that debate and submissions including from Australia, the EU, France, Germany, the UK and United States.

Overview:

“Competition authorities widely rely on leniency policies to detect, investigate and prosecute hard-core cartels. Jurisdictions that operate leniency programs recognize the benefits of rewarding not only the first-in applicant who denounces the cartel but also subsequent applicants who provide useful corroboration or new evidence. Subsequent applicants can often supply essential co-operation for the successful prosecution of the full extent of a cartel and offer a cost-efficient way for gathering evidence.

In order to obtain a leniency reward, subsequent applicants must fulfill a number of requirements, which generally mirror those for immunity applicants. These include qualification, co-operation and timing requirements, which vary in substance across jurisdictions. However, in the majority of jurisdictions, subsequent applicants are required to provide full and continuous co-operation throughout the procedure while ending their participation in the cartel and maintaining the fact of their co-operation confidential.”

For a copy of the OECD’s new report see: here.

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