ANNUAL REPORT 2010 - Konkurentsiamet

A participant in anti-competitive agreements, concerted practices or decisions of association
of undertakings may submit a leniency application to the Competition Authority in the form
enabling written reproduction. This can be done by a natural person on behalf of himself or
a representative of a legal person on behalf of the legal person. Implementation of leniency
and the fulfilment of the necessary terms and conditions shall be decided by the Public
Prosecutor’s Office, whose regulation shall terminate the criminal procedure against the
compliant applicant for leniency, who has first submitted the relevant application, if the
information included in the application enables to initiate the criminal procedure. If the
criminal procedure related to anti-competitive cooperation has already been initiated, the
criminal procedure shall be terminated for the applicant who has first submitted a leniency
application together with the evidences providing essential assistance to the prosecution in
the opinion of the Prosecutor’s Office. Against an applicant for leniency, who meets the
conditions of leniency, but has not submitted the leniency application first, a reduction of
punishment can be applied in proportion with the support received from this person in the
criminal procedure.
In addition to the due submission of a leniency application the person shall also meet other
conditions specified in the Competition Act. Among other things, the applicant for leniency
may not have induced other persons to commit the crime specified in the Penal Code §400
or organised its preparation or commission. The applicant for leniency shall also fulfil a
cooperation obligation during the procedure, making all evidences concerning the crime
mentioned in the Penal Code §400 disclosed to him available in full, openly and without
distortions, as much as possible, and may not destroy or remove any relevant evidences in
the procedure of the relevant crime in bad faith before or after the submission of the
leniency application. The applicant for leniency may not disclose the circumstances of
leniency application or criminal procedure without the permission of the Prosecutor’s
Office. The applicant for leniency shall follow the condition specified in the law seriously,
because even if after the order is issued for the termination of the criminal procedure against
the applicant for leniency, any circumstances are identified which do not allow to
implement leniency, the Public Prosecutor’s Office may renew the procedure against the
applicant for leniency with its order.
Based on the experiences gained from the implementation of the 2010 leniency programme,
the Competition Authority can say that the new regulation has generally met its main
objectives. Several leniency applications were submitted to the authority in 2010 and on
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