S.L. 379.10 Art. 8Reduction of penalties.

(1) Applicants who do not qualify for immunity from penalties pursuant to regulation 5(1), may nonetheless benefit from a reduction of penalties, subject to the provisions of this regulation.

(2) In order to qualify for a reduction of penalties, an applicant for leniency shall:

(a) disclose his participation in an alleged secret cartel;

(b) submit evidence of the alleged secret cartel which, in the view of the Director General, represents significant added value for the purpose of proving an infringement of article 5 of the Act and, or of Article 101 of the TFEU to the evidence already in the possession of the Office at the time of the leniency application; and

(c) fulfil the conditions laid down in regulation 10.

(3) For the purposes of paragraph (b) of the preceding sub-regulation, the Director General shall consider that:

(a) written evidence originating from the period of time to which the facts pertain shall have a greater value than evidence subsequently established;

(b) incriminating compelling evidence which is directly relevant to the facts in question, such as written statements, email correspondence between the cartel members and other written documents relevant for the establishment of the facts and circumstances of the case and duration of a cartel, shall have a greater value than evidence which is indirectly relevant; and

(c) compelling evidence shall have a greater value than evidence such as statements of cartel members which if contested require corroboration.