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Directive (EU) 2019/1 of the European Parliament and of the CouncilShow full title
Directive (EU) 2019/1 of the European Parliament and of the Council of 11 December 2018 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market (Text with EEA relevance)
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Article 21Markers for applications for immunity from fines
1.Member States shall ensure that undertakings wishing to apply for immunity from fines may be initially granted a place in the queue for leniency, where they so request, for a period specified on a case-by-case basis by the national competition authority, in order for the applicant to gather the necessary information and evidence in order to meet the relevant evidential threshold for immunity from fines.
2.Member States shall ensure that national competition authorities have discretion whether or not to grant the request pursuant to paragraph 1.
An undertaking submitting such a request shall provide information, where available, to the national competition authority, such as:
(a)the name and address of the applicant;
(b)the basis for the concern which led to the request;
(c)the names of all other undertakings that participate or participated in the alleged secret cartel;
(d)the affected products and territories;
(e)the duration and the nature of the alleged secret cartel conduct;
(f)information on any past or possible future leniency applications made to any other competition authorities or competition authorities of third countries in relation to the alleged secret cartel.
3.Member States shall ensure that any information and evidence provided by the applicant within the period specified in accordance with paragraph 1 is deemed to have been submitted at the time of the initial request.
4.The applicant shall be able to submit a request pursuant to paragraph 1 in the official language or one of the official languages of the Member State of the national competition authority concerned or in another official language of the Union bilaterally agreed between the national competition authority and the applicant.
5.Member States may also provide for the possibility for undertakings wishing to make an application for the reduction of fines to request initially a place in the queue for leniency.
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