S.L. 379.10 Art. 14Markers for applications for leniency.

(1) An undertaking wishing to apply for leniency may where it so requests, at the discretion of the Director General, be initially granted a place in the queue for leniency, for a period to be specified on a case-by-case basis by the Director General permitting the applicant to gather the necessary information and evidence that meets the requirements of paragraph (a) of regulation 5(1) or of paragraph (b) of regulation 8(2), as the case may be.

(2) An undertaking submitting a request for a marker pursuant to the preceding sub-regulation shall provide such information, as may be required by the Director General, including where available:

(a) the name and address of the applicant;

(b) the basis for the concern which led to the request;

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

(d) the affected products and territories;

(e) the duration and the nature of the alleged secret cartel conduct;

(f) 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.

(3) Any information and evidence provided by the applicant within the period specified pursuant to sub-regulation (1), shall be deemed to have been submitted at the time of the initial request.

(4) A request pursuant to sub-regulation (1) shall be submitted in the Maltese or English language or in any other official language of the European Union, as may be agreed between the Director General and the applicant on a case-by-case basis.