The objective of leniency programme
According to the Penal Code, Code of Criminal Procedure and Competition Act Amendment Act the person that is involved in anti-competitive agreements, concerted practices or decisions of association of undertakings set out as punishable in § 400 of the Penal Code, will have a chance to be released from liability or get remarkable reduction of penalty if the person submits a leniency application to the Competition Authority.
For information about leniency, please call (office hours only) +372 667 2423.
or send a e-mail: [email protected]
Leniency application shall contain the following data:
- name, personal identification code, date of birth or registration number, address and other contact details of the applicant;
- 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;
- detailed description of the criminal offence set out in §-s 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;
- 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;
- 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.
- lthe leniency application has been submitted at the applicant´s own initiative and complies with the requirements;
- the leniency applicant terminates its participation in committing an act that corresponds to the elements of a criminal offence set out in § 400 of the Penal Code in as agreed with the Prosecutor´s Office, unless the applicant is included in surveillance activities;
- the leniency applicant shall disclose and make available, if possible, all the evidence known to them about the criminal offence stipulated in § 400 of the Penal Code fully, sincerely and without distortion;
- the leniency applicant shall cooperate with investigative bodies and the Procecutor´s Office at their own expense and with good will until proceedings relating to a criminal ofence set out in § 400 of the Penal Code have been terminated;
- the leniency applicant has not included other persons to commit a criminal offence set out in § 400 of the Penal Code or led the preparation or commission of the criminal offence;
- the leniency applicant has not destroyed or removed evidence relevant in proceedings relating to a criminal offence set out in § 400 of the Penal Code or disclosed the facts of the leniency application or the criminal proceedings without the permission of the Prosecutor´s Office in bad faith either before or after the submission of the leniency application.