Disincentives to Leniency: Expect Fewer Golden Eggs if You Harass the Goose

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The EU Commission’s anticartel enforcement activities have benefitted tremendously from its decision to adopt the philosophy behind the US DOJ’s highly successful leniency programme and make a clear promise of no fines for the first company to inform on a secret cartel. Since that change, it has come to rely more and more on leniency applications as its prime tool for uncovering cartel activity, to the point where most investigations originate in an immunity application.

Originally published in the International Comparative Legal Guide to: Cartels & Leniency 2019.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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