The Autorité de la concurrence has released its third study on the leniency programme, which aims to provide a clearer understanding of the experiences of competition law practitioners. This study serves as a foundation for considering potential improvements to the programme.

Introduced in 2001, the leniency programme allows the Autorité to grant full or partial immunity from fines to companies involved in anticompetitive agreements, provided they cooperate in establishing the infringement. The number of leniency applications has increased in recent years, indicating a growing interest in the programme.

This latest study builds on previous research conducted in 2014 and 2018, offering a decade-long review of the leniency programme's application. It emphasizes the protections available to leniency applicants and identifies key factors that encourage companies to seek leniency.

Findings reveal that while the rise in damages actions has become more significant, the primary motivators for leniency applications remain the potential for reduced fines and the occurrence of dawn raids. Additionally, new factors, such as the ability to gather reports from whistleblowers, are emerging as influential elements likely to impact the leniency programme in the future.