Cartel Immunity and Leniency
What are the Cartel immunity and leniency programmes?
Cartel conduct may be subject to both criminal and administrative enforcement. The CCPC operates a Cartel Immunity Programme (CIP) relating to criminal cartel enforcement, and an Administrative Leniency Policy (ALP) relating to administrative competition enforcement. The CCPC recommends that an applicant files applications under both the CIP and the ALP. This is because the enforcement route may change as the investigation progresses.
Cartel Immunity Programme
The Cartel Immunity Programme (CIP) is operated by the CCPC and the Director of Public Prosecutions (DPP). The CIP outlines the policy of the CCPC and the DPP in considering applications for immunity from criminal prosecution for cartel offences. Applications under the CIP are made to the CCPC. It is the DPP that decides whether immunity will be granted, having received a recommendation from the CCPC.
Administrative Leniency Policy
The Administrative Leniency Policy (ALP) is operated by the CCPC. The ALP sets out the policy that applies to administrative enforcement proceedings before the CCPC. It details the circumstances in which the CCPC will grant leniency. Applications under the ALP are made to the CCPC. Leniency in the administrative context may involve full immunity from or a reduction of financial administrative sanctions that would otherwise have been imposed.
Apply for immunity and/or leniency
Call the immunity and leniency phone on 087 763 1378 to make an application to the CCPC. The phone line is open between the hours of 10am and 5pm Monday to Friday, except on public or bank holidays.
In general, in order to qualify for immunity or leniency:
- You should come forward as soon as possible
- You must not do anything to alert your former associates that you have applied for immunity or leniency
- You must co-operate completely with the investigation
- You must provide full and truthful disclosures
- In the case of a company or corporation, the application must be a corporate act
Further information
For more information on the CIP, the ALP or the interaction between the two, please read:
