Competition Act · 2022 Revised Edition · Chapter 6
44. Leniency regime
Official textFrom Attorney General's Chambers, unchanged
There shall be a leniency regime, with a reduction of up to a maximum of 100 per cent of any penalties which would otherwise have been imposed, which may be available in the cases of any undertakings which has —
admitted its involvement in an infringement of any section 11
prohibition; and
provided information or other form of co-operation to the
Commission which significantly assisted, or is likely to significantly assist, in the identification or investigation of any finding of an infringement of any prohibition by any other undertakings.
A leniency regime may permit different percentages of reductions to be available to an undertaking depending on —
undertaking
“undertaking” means any person, being an individual, a body corporate, an unincorporated body of persons or any other entity, capable of carrying on commercial or economic activities relating to goods or services.
whether the undertaking was the first person to bring the suspected infringement to the attention of the Commission;
the stage in the investigation at which —
an involvement in the infringement was admitted; or
any information or other co-operation was provided; or
any other circumstances which the Commission considers appropriate to have regard to.
Competition
Terms defined in s 2
section 11 prohibition
Defined · s 2“section 11 prohibition” means the prohibition referred to in section 11(1);
undertaking
Defined · s 2“undertaking” means any person, being an individual, a body corporate, an unincorporated body of persons or any other entity, capable of carrying on commercial or economic activities relating to goods or services.
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Offences
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Competition Appeal Tribunal
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