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A robust competition law regime
helps ensure a level-playing field
where businesses can compete fairly
based on their own merits free of
distortions and impediments created
by anti-competitive conduct. It gives all
businesses a fair chance to grow and
reach new heights.
In the course of competing to thrive
and grow, businesses need to steer
CCS’s Leniency Programme includes
provisions for informants to apply for
leniency in the case that substantial
information or evidence about a cartel
is not initially available. It then provides
time to collect the pertinent information
or evidence required to complete the
application. If the applicant meets the
relevant criteria, and is the first to notify
CCS, the applicantmay face one of the two
following cases:
•
If CCS has not commenced an
investigation into the cartel: Entitled to
total immunity fromfinancial penalties
•
I f CCS has commenced an
investigation into the cartel: Not
qualified for total immunity but may
still qualify for a reduction of up to
100% of the financial penalty
COMPETITION COMPLIANCE
PROGRAMME:
LENIENCY AND LENIENCY
PLUS PROGRAMME:
clear from engaging in anti-competitive
conduct. Being aware of the risks of
infringing competition law by developing
a compliance strategy helps businesses
learn how to protect themselves and
mitigate the risks. The CCS guidelines to
a Competition Compliance Programme
help businesses put one in place.
Subsequent leniency applicants that
cooperate and provide evidence of cartel
activity may be entitled up to a 50%
reduction of the financial penalty.
CCS’s Leniency Plus Programme
encouragesapplicantsunder investigation
(in the first market) to further cooperate
with CCS by reporting involvement in a
separate cartel in another market (the
second market). If qualified, businesses
will be granted leniency (either immunity
or a reduction of financial penalties) in
relation to the second cartel (where CCS
has not commenced its investigations)
and additional reduction in financial
penalties in relation to the first cartel.
18
GUIDING YOU TO NEW HEIGHTS
CCS ANNUAL REPORT 2015-2016