1. Application to individuals of the Dutch leniency programme
Kevin Hendriks
Case handler NMa

2. Overview of presentation
Brief overview of Dutch system
Relevant provisions regarding individuals in Dutch leniency programme
How to facilitate applications by individuals
How to combine leniency for both the undertaking and its former and current employees.

3. 1. Brief overview of Dutch system
Administrative system
Investigation and sanctions decisions: NMa
Fines for undertakings (max 10% of worldwide turnover)
Fines for individuals (max € ) -
Administrative appeal: NMa
Appeal 1: Rotterdam Court of First Instance
Appeal 2: Trade and Industry Appeals Tribunal

4. 2. Relevant provisions Dutch leniency programme
Possible leniency applications by individuals:
Co-application by employee or ex-employee, following an application by undertaking ‘blanket leniency’
Individual application by an employee or ex-employee
Joint application by multiple employees of the same undertaking

5. 3. How to facilitate applications by individuals
Challenges
Understanding conditions
Drafting statements
Confidentiality arrangements with former employer
Practical solutions

6. 4. Combining leniency for undertakings and (ex-)employees.
Application of "blanket-leniency" in practice
Confidentiality
Joint interviews
Drafting
Cooperation between individuals and undertaking
Timing of granting leniency to (ex-)employee(s)
Former employees
How to approach former employee(s)
Cooperation between former employee(s) and undertaking