Leniency in EU Competition Law

International Competition Law Series 84

About this book:

Leniency in EU Competition Law provides a comprehensive analysis of the leniency procedure in the European Union (EU) cartel enforcement. Applications for lenient treatment by whistleblowers are an essential feature of cartel enforcement. Leniency has emerged as one of the main enforcement instruments used by competition authorities to combat cartels. Offering immunity from punishment is believed to destabilise the already existing cartels and deter undertakings from entering into such arrangements. This book offers the first in-depth analysis of the scope of leniency in EU competition law, considering three crucial ramifications – ensuring a leniency applicant can self-report with confidence , retaining the right to compensation of those who have suffered losses due to the cartel and furthering the objective of undistorted competition within the internal market.

What’s in this book:

With a thorough insight into the interaction between the leniency and public and private enforcement of cartels, the author extensively explains such aspects of the subject as the following:

• who is eligible for leniency;
• liability of an immunity recipient;
• the EU fining system;
• disclosure of leniency evidence;
• scope of public authorities reaching out to cartel infringers;
• the immunity recipient and follow-on damages claimants;
• the immunity recipient and subsequent leniency applicants;
• effect of the Damages Directive; and
• the European Economic Area dimension.

The author calls for an increased harmonisation at national level in the EU and compares with leniency practice in US antitrust law.

How this will help you:

With a progressive perspective on leniency in light of the recent regulatory developments in EU and EEA competition law, this book offers cogent suggestions about how the shortcomings of the Commission’s leniency offer can be ameliorated and which regulatory steps should be taken to give the policy greater leverage. Its practical character will be recognised and welcomed by competition law practitioners and policymakers, who will strengthen their grasp of leniency procedure and discern implications for competition infringement cases.