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Handbook on Leniency Programme has been revised

The "Handbook on Leniency Programme" has been revised in accordance with the Cartel and Co

The "Handbook on Leniency Programme" has been revised in accordance with the Cartel and Competition Law Amendment Act 2017 (KaWeRÄG 2017) and the prolongation of Section 209b of the Austrian Criminal Procedure Code (StPO). The amendments to the Competition and Cartel Act have transposed the Directive on Antitrust Damages Actions 2014/104/EU into national law. The main objective of this Directive is to harmonise, further simplify and ultimately promote the enforcement of claims for damages arising out of antitrust infringements ("private enforcement") throughout Europe. The following amendments have been made in respect of the leniency programme:

  • Provisions regarding leniency have been separately stipulated in Section 11b of the Austrian Competition Act (WettbG).
  • Privileging of the leniency applicant in antitrust damage proceedings: The liability of the leniency applicant is generally limited towards his own direct and indirect customers or suppliers. This privilege applies only to the first leniency applicant, but not any other.
  • Leniency declarations as defined by the Directive shall never be disclosed in damages proceedings.
  • Immunity from criminal proceedings: Section 209b of the Austrian Criminal Procedure Code (StPO) provides under certain preconditions immunity against criminal proceedings for employees of a company which have made an important contribution to the clarification of an antitrust infringement towards the Federal Competition Authority (BWB).

Handbook on Leniency Programme