CMA consults on leniency in RPM cases
The Competition and Markets Authority is consulting on amendments to its Type B leniency in cases involving resale price maintenance (RPM).
The proposed changes would apply where the applicant is the first to report and provide significant added value evidence of a cartel when the CMA is already investigating the case. In such cases the CMA has a discretion to grant immunity or up to a 100% reduction in the fine.
The CMA believes that applying the policy in RPM cases is likely to be too generous and may limit deterrence. It maintains that there are limits to what an applicant can add in an RPM case where it already has information in its possession and because there will only ever be two parties in any RPM case.
The CMA intends to amend its guidance to state that it would not generally expect to grant immunity or discounts of more than 50% to Type B applicants in RPM cases.
The CMA invites comments on this proposal by 28 August 2020.
https://www.gov.uk/government/consultations/type-b-leniency-in-rpm-cases-draft-addendum-to-oft1495?utm_source=45489bff-c62d-4ebe-89ac-bcdc30be27ed&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
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