This new Notice, which replaces the 2002 Notice, enters into force immediately and applies to leniency applications received after December 8th, 2006.
The revised Leniency Notice clarifies the information an applicant needs to provide to the Commission to benefit from immunity from fines. It introduces a "marker system" for immunity applicants according to which an application can be accepted on the basis of only limited information and the applicant is then given time to perfect the information and evidence to qualify for immunity. The Notice also clarifies the conditions for immunity and reduction of fines and introduces a procedure to protect corporate statements made by companies under the Leniency Notice from being made available to claimants in civil damage proceedings. So much for encouraging private enforcement.
A brief press release describes the salient changes and a more detailed memos (MEMO/06/469) and (MEMO/06/470)sets out some "frequently asked questions".
The ABA Sections on Antitrust Law and International Law made some interesting comments, available here, shortly before the new Notice was published.
NEWS LETTER 12-4-2008
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Greek Government seeks partnership with E.U. Antitrust violator ! stopcartel
Posted by: STOP CARTEL Org. | April 11, 2008 at 10:04 PM