Avoid punishment

 

It is possible to completely avoid fines and imprisonment for having participated in a cartel if you cooperate with the competition authorities and meet a number of conditions - so-called leniency. Both companies and persons can apply.

How to apply for leniency
The best way to apply for leniency is to come to a meeting with the Competition and Consumer Authority. The Authority can then obtain the necessary information immediately and provide an acknowledgement for the application.

You can arrange a meeting with the Authority by calling one of our officers with responsibility for leniency directly:

Maria Wegener-Petersen, Special Advisor, mwp@kfst.dk
Anita Vedsø Larsen, Special Advisor, avl@kfst.dk
Stefan Kobbernagel, Head of Division, stko@kfst.dk

You can find more information about leniency and the conditions which apply in our guideline on leniency at the bottom of the page.

Avoid punishment completely
It is possible to completely avoid fines and imprisonment for having participated in a cartel if:

• The applicant is the first of the cartel members to contact the authorities with information about the cartel.
• The applicant’s information leads to an inspection, search or police report of the companies involved in the cartel. If the authorities have already carried out an inspection or search regarding the matter in question, the applicant may still avoid punishment if, based on the application, the authorities can identify an infringement in the form of a cartel.
• The applicant cooperates fully throughout the proceedings.
• The applicant has ceased to participate in the cartel no later than at the time of the application.
• The applicant has not coerced others into participating in the cartel.

Get the penalty reduced
If the applicant is not the first to apply for leniency, the penalty may be reduced. There are different rules for reducing fines and imprisonment, respectively.

Reduction of fines:
• The applicant’s information must involve significant and additional value for the authorities.
• The applicant must cooperate fully throughout the proceedings.
• The applicant must have ceased to participate in the cartel no later than at the time of the application.
• The applicant must not have coerced others into participating in the cartel.

For the second applicant, the fine may be reduced by 50% and for the third applicant by 30%. Subsequent applicants may have the fine reduced by up to 20%.

Reduction of prison term:
It is up to the courts to decide whether the prison sentence will be reduced if the applicant helps solve the case.

Cooperation
It is important that the applicant cooperates loyally with authorities throughout the proceedings. This means i.a. that the applicant must provide all information and evidence on the cartel and, at any time, be available to provide a quick response to questions from the authorities. The applicant must not give false or misleading information, conceal facts or distort the information presented. The applicant must not make others - including the other cartel members - aware that an application for leniency has been submitted.

Confidentiality
The Competition and Consumer Authority treats applications for leniency confidentially.

Download information

• Guideline on leniency for cartels
Application for leniency
Summary application

 

READ MORE

What is a cartel?

What is the penalty?