S.L. 379.10 Art. 16Hypothetical applications.

(1) A prospective applicant intending to apply for immunity from penalties may initially present any information to the Director General concerning an alleged secret cartel in hypothetical terms, in which case the said prospective applicant shall present a detailed descriptive list of the evidence which is proposed to be disclosed at a later date to be agreed with the Director General.

(2) The list referred to in the preceding sub-regulation shall accurately reflect the nature and content of the evidence to be disclosed and shall clearly identify the product or service concerned by the alleged cartel, the geographic scope and the estimated duration of the alleged cartel whilst safeguarding the hypothetical nature of the information. Copies of documents, from which sensitive parts have been redacted, may be used to illustrate the nature and content of the evidence:

Provided that the identity of the prospective applicant and of other undertakings involved in the alleged cartel need not be disclosed until the evidence described in a hypothetical application is submitted:

Provided further that where the prospective applicant intends to remain anonymous until the disclosure of the evidence, a contact person who shall communicate with the Director General until such date shall be designated by the applicant.

(3) Upon receipt of hypothetical information as referred to in sub-regulation (1), the Director General shall assess whether the nature and content of the evidence described in the detailed list is liable to meet the conditions set out in sub-paragraph (i) or (ii) of paragraph (a) of regulation 5(1), and shall inform the prospective applicant or his contact person accordingly:

Provided that such preliminary analysis shall not prejudice the Director General’s eventual decision on the leniency application which will be taken following the submission of all evidence by the applicant.

(4) Following the disclosure of the evidence by the applicant, where the Director General determines that such evidence corresponds to the description provided in the list referred to in sub-regulation (1), and that it meets the conditions set out in sub-paragraph

(i) or (ii) of paragraph (a) of regulation 5(1), he shall grant the applicant conditional immunity from penalties pursuant to regulation 7.