Leniency

Where a party to an agreement that breaches either of the prohibitions (collusive agreements and bid rigging agreements) –

  • Voluntarily discloses to the Commission the existence of the agreement, of which the Commission had no prior knowledge, the Commission may grant the enterprise immunity from financial penalty; or
  • While not taking the initiative in disclosing the breach of the infringement to the Commission, has nonetheless cooperated subsequently in the provision of information to Commission about the infringement, the Commission may grant the enterprise concerned a reduction in the amount of financial penalty.