S.L. 379.10 Art. 10Other conditions for an applicant to qualify for leniency.

(1) Without prejudice to regulations 5(1) and 8(2), in order to qualify for leniency pursuant to these regulations, an applicant shall:

(a) end its involvement in the alleged secret cartel, at the latest immediately following its application, save to the extent that its continued involvement would, in the view of the Director General, be reasonably necessary to preserve the integrity of the investigations;

(b) co-operate genuinely, fully, on a continuous basis and expeditiously with the Office from the time of its application until the Court has concluded its proceedings by issuing a judgement against all parties who are subject to proceedings instituted pursuant to the relevant provisions of the Act by delivering judgement, or until the Office or the Court have otherwise terminated their investigation or proceedings respectively; and

(c) prior to making the leniency application to the Office the applicant shall not have:

(i) destroyed, falsified or concealed any evidence of the alleged secret cartel; or

(ii) disclosed its intention to submit a leniency application to the Office, or any of the contents of the envisaged application, to any third party other than competition authorities or competition authorities of a third country.

(2) The co-operation referred to in paragraph (b) of the preceding sub-regulation shall include:

(a) providing the Office promptly with all relevant information and evidence relating to the alleged secret cartel that comes into the applicant’s possession or is accessible to it and any other relevant information and evidence which may come into the applicant’s possession or under its control at a later date, in particular:

(i) the name and address of the applicant,

(ii) the names of all other undertakings that participate or participated in the alleged secret cartel,

(iii) a detailed description of the alleged secret cartel, including the affected products, the affected territories, the duration and the nature of the alleged secret cartel conduct, and

(iv) information on any past or possible future leniency applications made to any other competition authorities or competition authorities of third countries in relation to the alleged secret cartel;

(b) remains at the disposal of the Office to reply to any requests for information that may contribute to the establishment of facts; PENALTIES IN CARTEL INVESTIGATIONS

(c) ensures that directors, managers and other members of staff are available for interviews with the Director General and making reasonable efforts to ensure that former directors, managers and other former members of staff are available for interviews with the Director General;

(d) does not destroy, falsify, or conceal relevant information or evidence;

(e) does not disclose to any third party, other than a competition authority or competition authority of a third country, the fact or any of the contents of its leniency application before a sworn application has been filed under the Act and it has been served on the undertakings and, or association of undertakings under investigation by the Office, unless otherwise agreed with the Director General.