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S.L. 379.10 · Immunity From Penalties And Reduction Of (S.L. 379.10)

S.L. 379.10 Art. 17Interplay between applications for immunity from fines and sanctions on natural persons.

In KraftAmtlicher Text

(1) Current and former directors, managers and other members of staff of an applicant for immunity from penalties to the

Office or any other competition authority, shall not incur any sanctions imposed in criminal proceedings in relation to their involvement in the secret cartel covered by the application for immunity from penalties, for violations of any Maltese law that might pursue predominantly the same objectives to those pursued by Article 101 of the TFEU if they meet the conditions set out in paragraph 1 of Article 23 of the Directive and actively cooperate with the Office and, or with the Police, as the case may be:

Provided that if the condition of cooperation is not fulfilled, the Office and, or the Police, as the case may be, may proceed with the investigation against such individuals.

(2) In order to ensure the full effectiveness of the protection from sanctions referred to in the preceding sub-regulation to function in situations where more than one jurisdiction is involved, the Office shall actively cooperate by ensuring the necessary contacts as required by paragraph 4 of Article 23 of the Directive.

(3) This regulation is without prejudice to the rights of victims who have suffered harm caused by an infringement of PENALTIES IN CARTEL INVESTIGATIONS

competition law to claim full compensation for that damage in accordance with Directive 2014/104/EU.