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Select specific questions to filter on. Alternatively select no questions and select jurisdictions above to see all question answers for them.
What benefits are available to the first applicant to qualify?
Do the protections extend to current and former officers, directors and employees?
Is immunity available after an investigation begins?
What are the eligibility requirements before an investigation begins?
What are the eligibility requirements after an investigation begins?
Will the applicant have to admit to a violation of law?
Are ringleaders or initiators of the conduct eligible?
When must the applicant terminate its involvement in the conduct?
What constitutes termination of the conduct?
Will the applicant be required to make restitution to victims?
Can more than one applicant qualify for immunity?
Can an applicant qualify if one of its employees reports the conduct to the authority first?
Does the afforded protection extend to any non-antitrust infringements?
What confidentiality assurances are given to the first applicant to report?
Does the authority publish guidance regarding the application of the programme?
Do the rules for obtaining immunity in your jurisdiction conflict with the immunity rules in other jurisdictions?
What is the initial process for making an application?
What information is required to secure a marker?
How much time will an applicant have to perfect its marker?
Can the deadline for perfecting the marker be extended?
What is required to perfect the marker?
Can the scope of the marker be expanded if additional information is discovered by the applicant?
Can an applicant lose its marker if a second applicant comes forward with better information?
What if the applicant’s investigation reveals that no violation exists?
What if the authority decides not to investigate?
What is the applicant required to produce?
Will the applicant be required to make a written confession?
Can third parties obtain access to the materials provided by the applicant?
Will the applicant lose its protection if one or more of its employees refuses to cooperate?
Will the applicant lose its protection if one of its employees engages in obstructive conduct before or after the application?
Will the applicant be required to provide materials protected by attorney-client privilege or work-product doctrine?
How does the authority announce its promise not to charge or sanction?
Does the authority put its commitment in writing?
Who is given access to the document?
Does the authority publish a model letter for conferring immunity?
Is there an individual immunity programme?
What is the process for applying?
What are the criteria for qualifying?
On what basis can corporate immunity be revoked?
When can it be revoked?
What notice is required to revoke?
Can the applicant file a judicial challenge to a decision to revoke?
Does the leniency programme allow for reductions in sanctions?
What is the process for seeking a reduction in sanctions?
Is there a marker process similar to immunity applications?
Are the reductions in sanctions fixed or discretionary?
How are the reductions in sanctions calculated?
Are there sentencing guidelines?
If an applicant's cooperation reveals self-incriminating information that expands the scope of the conduct known to the authority, will that conduct be factored into the fine calculation?
Are there fixed or discretionary discounts for the first applicant to cooperate after the immunity applicant (assuming there is an immunity applicant)?
Other than fine reductions, are there additional incentives offered to an applicant that is the first non-immunity applicant?
Does the competition authority publish guidance regarding sentencing reductions?
Does the authority provide for "Amnesty Plus" benefits?
How is the Amnesty Plus discount calculated?
Are the cooperation obligations similar to those for immunity applicants?
Will an applicant qualify for sentencing reductions if one or more of its employees refuse to cooperate?
Will the applicant lose its protections if one of its employees engages in obstructive conduct before or after the application?
Can an applicant challenge the amount of the reduction of sanctions?
How is the settlement process initiated?
Is the amount of the sanction always fixed in the settlement agreement?
What role, if any, do the courts play in the settlement process?
Are the settlement documents, including any factual admissions, made public?
Is an admission of wrongdoing required?
Do companies that enter into settlement agreements receive an automatic sentencing discount?
Do all of the subjects of an investigation have to agree to the settlement procedure before it is initiated by the authority?
Will the authority settle with subjects who refuse to cooperate?
If the settlement discussions terminate without an agreement, may any information provided or statements made during the negotiations be used against the parties?
May a party to the settlement agreement void the agreement after it is entered?
Does the competition authority publish guidance regarding settlements?
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