Confess your cartel to the NMa’s Leniency Office

Undertakings and a particular category of natural persons (see below) engaged in cartel practices at present or in the past may obtain immunity or fine reduction (‘leniency’). In order to qualify for leniency, parties must submit a leniency application to the NMa’s Leniency Office and provide the NMa with full cooperation.

The abovementioned category of natural persons relates to individuals liable to an NMa fine for having given instruction or exercised de facto leadership to cartel practices within the meaning of section 51 of the Dutch Criminal Code (hereinafter referred to as ‘individual’).

Who may submit a leniency application?
- an undertaking;
- an individual on his/ her own behalf;
- several individuals simultaneously on joint own behalf.

What’s in it for you?
The first leniency applicant involved in a particular cartel may entirely escape a fine. Depending on the moment of submission, a pre-existing NMa investigation and the value of the information provided, a leniency applicant will be awarded one of the following categories:

* If a first-in applicant were to have coerced another undertaking to participate in the cartel, it is only eligible for category C.

Informal conversation
It is possible at all times to speak to the NMa’s Leniency Officer informally (on a no-names or “hypothetical basis”). If such a conversation does not lead to a leniency application or leniency grant, its contents will remain confidential.

Is category A still available?
An undertaking or natural person who is liable to be fined for cartel practices may through an attorney contact the NMa’s Leniency Officer for the purpose of inquiring about the availability of category A. The NMa will handle such a request only if the attorney undertakes immediately to submit a leniency application if category A is still available.

Contact our leniency office

• Telephone: +31 70 330 1710
• Fax: +31 70 330 1700
• E-mail: clementie@nmanet.nl

Leniency Officer: mr. P. (Pablo) Amador Sanchez
Secretary: mr. A.J.R. (Anneloes) Janssen


PRACTICAL TIPS

1) Time is money: the earlier you approach the leniency office, the better your chances for immunity or a significant reduction of the fine. As time passes, you may be too late for leniency altogether. The more advanced the NMa’s investigation, the more difficult it becomes to submit an application with “significant added value”. Leniency applications may no longer be submitted following the NMa’s release of a statement of objections to parties involved.

2) Be careful: a leniency application should be submitted secretly, i.e. without it getting known outside the leniency applicant’s undertaking.  If you are preparing a leniency application on behalf of an undertaking: keep the group of people who are aware of it as small as possible in view of the risk of information leaks. If you are an individual an wish to submit a leniency application on your own behalf, you are well advised to inform a very limited number of colleagues within your organisation in order to prevent an information leak. You may even consider informing your attorney exclusively.

3) Be thorough: prepare a leniency application thoroughly. The more evidence you submit, the greater your chance  of being admitted to the leniency programme.

4) Be aware that a leniency application entails a commitment to the NMa: a leniency application requires a high degree of cooperation with the NMa. Leniency applicants have an extensive duty to cooperate. This requires active involvement throughout the process.

More information on leniency:
Leniency Guidelines September 2009