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The CMA is consulting on proposals about handling leniency applications within the regulated sectors.

A proposed information note sets out the arrangements for the handling of leniency applications in the context of the concurrency regime between the Competition and Markets Authority (CMA) and those sector regulators with full membership of the UK Competition Network: Ofcom, Ofgem, Ofwat, Financial Conduct Authority, Office of Rail and Road, Civil Aviation Authority, and the Payment Systems Regulator.

These sector regulators have concurrent powers with the CMA to enforce competition law in their respective sectors, and to impose financial penalties when the law has been broken. When setting any penalty, the CMA and the sectoral regulators are required to have regard to the published CMAguidance.

The CMA’s guidance includes provision for granting reduced penalties to companies who come forward with information on cartel activity, and who then co-operate fully with any subsequent investigation. The first company to apply for leniency can receive a 100% reduction in the penalty and successive applicants may receive deductions of up to 50%, depending on the added value of the material they provide. As cartels can be difficult to detect, leniency applications play an important role in uncovering this illegal activity.

The information note reflects that informal arrangements have been in place to date and have operated on a case-by-case basis. These have involved the operation of a ‘single queue’ system, in which applicants need only apply to one authority in order to secure their place in the queue for leniency.

However, the note proposes that, in future, the CMA should be the first point of contact for all leniency applicants for the purpose of the ‘single queue’ system, giving certainty to businesses who might otherwise be unsure whether to apply to the relevant sector regulator or the CMA in any particular case.

The proposed information note can be found on the consultation page.