| |
you are here 
Home
How To
Apply for Leniency |
APPLICATION FOR LENIENCY |
What is the
Leniency Programme offered by the CCM? |
The CCM’s Leniency Programme offers
those who are part of a cartel, a chance to avoid penalties
by providing the CCM with evidence of cartel conduct. As you
would surely know, the Competition Act provides for fines
up to 10% of turnover, for each year of infringement, to a
maximum of 5 years, for intentional and negligent breach of
Sections 41, 42 & 43 of the Competition Act 2007. These
sections deal with collusive agreements and cartels. Such
level of fines could have drastic effects on businesses.
Therefore, if you are part of a cartel, and wish to minimize
liability, you should make a leniency application to the CCM
as soon as possible. If you are first to apply for leniency,
you may be eligible for either total immunity from or a reduction
in financial penalty of up to 100%, depending on whether investigations
have already commenced at the time that you come forward.
|
| |
What are the
conditions which must be fulfilled Leniency applicants? |
| In order for an enterprise to benefit from the
Leniency Programme, in addition to being first to apply for
Leniency, an enterprise must: i. provide the CCM with all
the information, documents and evidence available to it regarding
the cartel activity, as required by the CCM;
ii. maintain continuous and complete co-operation throughout
the investigation and until the conclusion of any action by
the CCM as a result of the investigation;
iii. refrain from further participation in the cartel activity
from the time of disclosure of the cartel activity to the
CCM (except as may be directed by the CCM);
iv. not have initiated the cartel, or taken steps to coerce
other enterprises into participating in the cartel.
|
| |
| What if I am not
first to apply for Leniency? |
Enterprises which provide evidence of cartel
activity before The CCM makes an order under section 59(3)
or before the Executive Director submits his report of investigation
to The Commissioners but are not the first to come forward
may be granted a reduction of up to 50% in the amount of the
financial penalty which would otherwise be imposed, if the
conditions set out above, are satisfied. |
| |
| How do I apply
for Leniency? |
| Applications can be made orally or in writing.
To make a Leniency Application to the CCM in writing, you can
email us, indicating 'Leniency Application' in the subject heading,
at info@ccm.mu. Alternatively,
you can send the application to us by post at: |
Competition Commission of Mauritius,
1st Floor, GM Tower,
7 Maupin Street,
Port- Louis.
|
| (Please mark 'LENIENCY APPLICATION' clearly on
the top left hand corner of the envelope.)
You can also approach the CCM through an Attorney-at-Law,
who can get in contact with us on your behalf. Alternatively,
if you wish anybody else to get in contact with the CCM on
your behalf, that person should have the power to represent
your enterprise.
Important Notice: The application must contain information
substantial enough to allow the Commission to identify the
cartel conduct and its members.
For more information on the Leniency programme offered by
CCM, please consult the CCM
guidelines on Collusive Agreements (CCM 3)
|
| |
| |
| |
| |
| |
|
