Tuesday, 30 August 2011

Decision 526/2011

Decision, pursuant to articles 14 par. 2, point id) bb) and 25 par. 8 of L. 3959/2011, as in force, concerning the terms and conditions forexemption or reduction of fines imposed on companies and individuals, that contribute to the investigation of horizontal agreements (“hardcore cartels”) of article 1 of the same law or article 101 TFEU (Leniency Program).

Decision 526/2011
File (PDF) Decision 526/2011
Date of Issuance of Decision

August 30th, 2011

Government Gazette Issue No

Subject of the Decision

Leniency Program

Legal Framework

Article 14 par. 2, point id) bb) and

Article 25 par. 8 of L. 3959/2011

Summary of Decision

The Hellenic Competition Commission, recognizing the importance and effectiveness of the Leniency Program in combating and dismantling illegal horizontal agreements (“hardcore cartels”), proceeded, by its Decision (no.526/VI/2011), in the reform of the existing program, which was fully harmonized with the Union standards.

By its Decision, the Hellenic Competition Commission adopted a modern incentive scheme in order to reward companies or individuals willing to put an end to their involvement in illegal anti-competitive practices and to cooperate with the Authority in the relevant investigation and reveal the other participants of the cartel. Such cooperation and contribution to the detection or proof of an infringement may prove particularly critical and decisive in enforcing the rules of free competition and justify the total or partial exemption from the imposition of a fine, depending on the level of cooperation by the company or the individual.

Especially for individuals, their inclusion in the Program and their complete exemption from the imposition of a fine,excludes the criminal liability of their actions, while, in case that a reduced fine is imposed, their participation in the Leniency Program is considered as a mitigating circumstance and a reduced (criminal) penalty is imposed, according to article 83 of the Penal Code.

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