Friday, April 29, 2016
he ICC Task Force on Cartels and Leniency has recently issued two publications on leniency and leniency markers – the ICC Leniency Manual and the Proposal for a One-Stop-Shop Mechanism for Leniency Markers – illustrating its engagement in the discussion on current cartels and leniency issues worldwide.
Leniency Programmes, differing very much in their design from country-to-country, have become a crucial element in the detection and ending of cartels. There is an increasingly strong demand to align their key features in order to improve their implementation. While they have expanded globally, the question of alleviating multiple filings has become a key discussion point, as these multiple files are a major impediment to getting cartel participants to come forward.
This is why the ICC Task Force has put together a proposal to create a one-stop-shop for leniency markers, which aims to facilitate international cooperation among competent authorities and to increase the legal safety of applicants for leniency; and an ICC Leniency Manual, which provides a factual and visual overview of a number of countries' leniency programmes.
Both publications represent first steps towards a harmonization / convergence of leniency regimes.
The ICC Task Force on Cartels and Leniency is co-chaired by Luciano Di Via, Partner at Clifford Chance Italy and Marcin Trepka, Co-Head of the Antitrust, Competition and Trade Regulation practice at K&L Gates Poland.
For more information about the ICC Commission on Competition and its Task Forces:
ICC Proposal to ICN for a one-stop-shop for leniency markers [0M]
The issues paper on the creation of a one-stop-shop for leniency markers puts forward a proposal to create a one-stop-shop marker system to provide a mechanism for applicants to seek leniency with a marker application before a sole agency. This measure will enable a successful applicant to reserve its place in the queue in all jurisdictions participating in the system by applying for the marker in only one of them. The ICC proposal strives to enhance inter-agency cooperation on the issue of leniency programmes.
ICC Leniency Manual_Launch Edition [0M]
The ICC Leniency Manual : Launch Edition is the first release of the ICC Task Force on Cartels and Leniency and the third publication "designed by business for business" of the ICC Commission on Competition. Intended as a living document, the Manual aims to demystify the leniency application process and assist business with filing local or multi-jurisdictional applications. The leniency practices gathered in the launch edition of the Manual span over 20 countries. It is being presented at the Roundtable to benefit from consultation during the ICN. The First Edition will be released in June 2016.