Watchdog consults to end possible lack of clarity in leniency rules

The Competition and Markets Authority (CMA) is consulting on its proposed measures to address possible lack of clarity in its handling of applications by regulated organisations for leniency in its rulings.

Under existing rules the CMA and sector regulators are required to note guidance on the degree of any penalty laid out in document OFT423 which includes provisions of leniency to organisations that come forward with information on cartel activity and who cooperate with any subsequent investigation.

There are three types of leniency available but no guidance on the handling of leniency applications. “As a result there may be a lack of predictability for potential applicants and the risk of an inconsistent approach between cases,” said the CMA.