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The Autorité de la concurrence is today publishing its third study on the leniency programme, drawing on insights gathered from lawyers specialising in competition law.



The study provided the Autorité with a clearer understanding of the experiences of practitioners involved in the application of the leniency programme and offered a foundation for considering potential enhancements to the programme, where appropriate.
      
      

                
          
        
            

The leniency programme was first introduced in 2001. Under the programme, the Autorité may grant full or partial immunity from fines to a company involved in an anticompetitive agreement within the meaning of Article L. 420‑1 of the French Commercial Code (Code de commerce) or Article 101 of the Treaty on the Functioning of the European Union, provided said company cooperates in establishing the existence of the infringement. The number of leniency applications has risen in recent years.



The Autorité previously conducted two similar studies, in 2014 and 2018. The latest edition offers an opportunity to review the application of the leniency programme over the past decade, with particular emphasis on the protections afforded to leniency applicants and the factors that encourage companies to apply for leniency.



The study shows that, while certain factors – such as the increase in the number of damages actions – have grown in importance over the past ten years, the main drivers of leniency applications remain the potential for level of fine reduction and the fact that dawn raids have already been conducted. The study also highlights that factors absent in 2014, such as the ability to collect reports from whistleblowers, are beginning to play a greater role and are likely to have a lasting impact on the leniency programme.



Find out more: What is the leniency programme?
      
      
      

                
          
        
            Study on the leniency programme
      
        
          


            Third study on the French leniency programme, conducted by the Leniency and Europe Division of the Autorité de la concurrence (in French)
      


        
        
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French Competition Authority Releases Third Study on Leniency Programme

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 enhancements to the leniency programme, which was first introduced in 2001. Under this programme, companies involved in anticompetitive agreements can receive full or partial immunity from fines if they cooperate with the authority.

The report indicates a rise in leniency applications in recent years and reviews the programme's application over the past decade. It emphasizes the importance of factors that encourage companies to apply for leniency, such as the potential for fine reduction and prior dawn raids.

Additionally, the study notes the growing significance of new factors, including the ability to collect reports from whistleblowers, which were not as prominent in previous studies conducted in 2014 and 2018.



French Competition Authority Releases Third Study on Leniency Programme

The French competition authority has published its third study on the leniency programme, providing insights from legal practitioners and exploring potential enhancements.