Cartels and Leniency

Last year we discussed two key developments in the field of cartels and leniency. First, the General Court’s (GC) view put forward in the FLSmidth case (industrial bags cartel)1 that a parent company could not benefit from the reduction of a fine unless it provided (additional) information justifying the extension of the reduction of the fine and explicitly joined in with the subsidiary’s leniency application. Second, the European Commission’s proposal for a Directive on Antitrust Damages Actions and the impact that its rules on disclosure of evidence on leniency could have on an applicant’s incentives to submit a leniency request.