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Leniency Application

A participant in anti-competitive agreement, concerted practice or decision of association of undertakings may submit a leniency application to the Competition Authority in a format that can be reproduced in writing and allows for the date and time of receipt of the application to be recorded.

Leniency application may be filed electronically to the e-mail address: leebus at konkurentsiamet dot ee .

Leniency application shall contain the following data:

1) name, personal identification code, date of birth or registration number, address and other contact details of the applicant;

2) details of other parties who participate in the criminal offence set out in § 400 of the Penal Code that allow for them to be identified;

3) detailed description of the criminal offence set out in § 400 of the Penal Code, including details of the affected goods, the geographical extent of the offence and the time and manner of the offence;  

4) all evidence available and known to the leniency applicant about the criminal offence set out in §400 of the Penal Code. If submission of evidence with the application is technically impossible, then such evidence may be submitted in any other manner without delay. If immediate submission of evidence is impossible, then description of evidence with indication of the location of evidence shall be deemed sufficient;

5) data of other competition institutions or other institutions to whom the leniency applicant has submitted leniency applications or to whom they intend to submit such an application.

A leniency application may be filed by a natural person in its own name or by the representative of a legal person on behalf of the legal person.

Legal person who is the leniency applicant may preclude if justified in its leniency application certain natural persons associated with the legal persons (a representative, member, shareholder, member of a managing or supervisory body and employee, former employee) to whom the leniency is not applied.

The Competition Authority shall immediately confirm acceptance of the leniency application to the leniency applicant, noting the exact time when it was received in the Authorityand pass the application with any enclosures on to the Public Prosecutor´s Office.  

The Prosecutor´s Office, having received notice from the Competition Authority about leniency application, shall coordinate further activities with the leniency applicant with the investigative bodies and the leniency applicant. The Prosecutor´s Office may grant the leniency applicant a deadline of one month for submission of evidence.