CMA adopts change to leniency guidance in RPM cases
The Competition and Markets Authority (CMA) has adopted an addendum to its Guidance on leniency and no-action applications in cartel cases (OFT1495).
The Guidance sets out how the CMA will exercise its discretion in relation to the grant of Type B leniency in resale price maintenance (RPM) cases (i.e., where the CMA is conducting a pre-existing investigation and the applicant is the first to report and provide evidence (of significant value) of a cartel.
As a result of the change announced on 24 September and applying to new leniency applications made on or after that date, the CMA would not generally expect to grant immunity or discounts on any financial penalty of more than 50% to Type B applicants in RPM cases.
The CMA consulted on this change in the summer and found that in view of the nature of RPM cases, the value that a Type B applicant can add is unlikely to be sufficient to justify immunity or a discount of up to 100% on any financial penalty.
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