Kris DEKEYSER Head of Unit DG Competition, European Commission The threshold for granting conditional immunity The European Commission perspective.

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Presentation transcript:

Kris DEKEYSER Head of Unit DG Competition, European Commission The threshold for granting conditional immunity The European Commission perspective

Conditional Immunity: the legal framework (1) Requirements for conditional immunity Disclose (own) participation in a cartel affecting EU Enable Commission to carry out a targeted inspection or finding an infringement Corporate statement describing the cartel arrangement + documentary evidence Not coerced others

Conditional Immunity: the legal framework (2) Marker for immunity applicants Objective: protect applicant's position in the beginning of the queue Explicit application Minimum information requested: is there a suspected cartel and is the Commission competent? Necessary time granted to complete internal investigations

Conditional Immunity: challenges CI - a sweet carrot and a hard stick immunity from fines at the end of the investigation the strongest incentive at the beginning of the investigation

Conditional Immunity: challenges The marker period The evidentiary threshold The continuous cooperation after granting CI

Conditional Immunity: marker challenges Duration: determined on a 'case by case' basis (usually 3 weeks) Extension: possible if applicant is acting in good faith Intense and structured dialogue: pro-active attitude

Conditional Immunity: evidentiary threshold challenges Applicants shall be ready 'to get wet' Disclosing participation in an alleged cartel affecting the EU – evidence needs explanation – concrete and detailed description of contacts and arrangements reached; not merely ”discussions” or ”information exchanges”

Conditional Immunity: evidentiary threshold challenges CA - high but objective evidentiary threshold Relationship based on trust genuine effort to describe the cartel and provide evidence o Avoid vague statements: 'May be' or 'it appears' v. firm language o Leniency statements supplemented with corroborative evidence

Conditional Immunity: continuous cooperation challenges Full and continuous cooperation throughout the investigation provide all evidence, answer questions do not destroy, falsify or conceal evidence do not disclose application ended involvement Withdrawal of conditional immunity? 1 case – threshold high: 'jeopardise the investigation'

Thank you for your attention