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Competition law news: New leniency program will enter into force on 27 February 2010
According to the lenience program, the first cartel member to notify the Estonian Competition Authority of an unknown cartel receives immunity from criminal liability if such leniency applicant fully co-operates with the authorities for the conviction of the other cartel members. The criminal proceedings in relation to such applicant are terminated.
If the authorities already have information on the cartel, then the leniency applicant is released from criminal liability only if the applicant provides such substantial information, which allows the prosecution to submit a statement of charges against other cartel members. The criminal proceedings in such case are also terminated.
If one cartel member has already submitted a leniency application, then the next applicants may qualify for a reduction of fine in proportion to the assistance that they have provided to the authorities. In such case the criminal proceedings are not terminated.
The leader of the cartel and the member who has coerced others are not eligible for leniency.
The new leniency program has been designed on the basis of the European Competition Network’s model leniency program. The model has been modified to take account of the special features of the enforcement of Estonian competition law, in particular the criminal liability for cartels.
More detailed overview of the new leniency program is available here. Additional information: Elo Tamm, +372 6 306 460, elo.tamm@lawin.ee
Katri Paas, +372 6 306 460, katri.paas@lawin.ee
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