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NEWS LETTER 2 0 1 0
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and prevents a wide range of consumers from purchasing higher quality
products at a lower price.
In comparison to other anti-competitive behaviors, cartels are harder
to detect and investigate since they have an implicit nature. Therefore, in
order to enable the detection of cartels, the Leniency Regulation, which (i)
exempts the undertakings and their employees from fines or (ii) reduces
the level of such fines, was adopted.
Article 5 of the mentioned Regulation sets out who will be exempt
from such fines and who will benefit from reductions. In this regard,
•
The fine to be imposed on the first undertaking which cooperates
will be reduced by one-third to one-half. In that case, the fines to be
imposed on the undertaking’s managers and employees who admit
to the cartel and actively cooperate may be reduced by at least one-
third or may not be imposed at all
•
The fine to be imposed on the second undertaking which cooperates
will be reduced by one-fourth to one-third. In that case, the fines
to be imposed on the undertaking’s managers and employees who
admit to the cartel and actively cooperate may be reduced by at
least one-fourth or may not be imposed at all
•
The fines to be imposed on other undertakings will be reduced by
one-sixth to one-fourth. In that case, the fines to be imposed on the
undertaking’s managers and employees who admit to the cartel and
actively cooperate may be reduced by at least one-sixth or may not
be imposed at all
•
In case it becomes necessary as a result of the evidence submitted
for the amount of the fine to be increased because of reasons such
as the extension of the duration of the violation, this increase will
not be applied to the first undertaking to submit the evidence
concerned, and its managers and employees who admit to the cartel
and actively cooperate.
Article 6 of the Regulation sets out the conditions and procedures for
exemption from fines or reduction of fines in relation to undertakings.
Article 9 of the Regulation sets out the conditions and procedures for
exemption from fines or reduction of fines for the managers and employees
of undertakings. Pursuant to the mentioned Articles, an undertaking or its
managers or employees must