The new handbook for leniency programs
Since the "Kartell- und Wettbewerbsrechts-Änderungsgesetzes" entered into force in 2012, it didn't only provide changes in the mentioned laws, it also submitted amendments for provisions of the leniency program of the BWB. Especially due to compliance with international standard for an exemption of a fine, several requirements of proof have been provided.
During the preparation of the new handbook, the BWB organized an exchange of views with lawyers, who have practical knowledge about leniency programs. The new handbook was published in March.
The discussion round was formed by Dr. Anita Lukaschek (BWB) and Dr. Guenter Bauer, LL.M (Wolf Theiss).
35 cases of leniency applicants since existence of the regulation
Dr. Lukaschek provided an overview of the last 35 cases of leniency applicants between 2006 and 2012, however in the most cases only an application under the leniency notice was made. In exceptional cases a second or a third applicant made an announcement to the authority. Six of these cases had already been closed with cartel proceedings, five of them are still pending before the court and in four cases the Competition Authority is still determining.
Regarding the innovation of the handbook, Dr. Lukaschek emphasized the alignment to the European standard. Minimum standards for granting an application had been introduced and thus requirements had been tightened. For businesses it should be obvious, that they need to pass on conclusive information in order to make an application under the leniency notice. Legal certainty is thus guaranteed.