How to apply for Leniency

Notification

Undertakings that wish to notify their participation in illegal anti-competitive cooperation in order to be granted immunity from fines or reduction of a fine are invited to contact the Competition Authority’s Leniency Group. Contact details:

Tel: +46-8-700 15 99 (weekdays 8.00 AM - 5.00 PM) Fax: +46-8-700 15 98 E-mail: eftergift_kkv@kkv.se

More information on how to notify and what information to include in an application can be found in points 9 and 10 in the General Guidelines of the Swedish Competition Authority on immunity from fines and reduction of fines  (405 kb).

Leniency notifications may be made in writing or orally and are confidential under Chapter 30, Article 3 of the Public Access to Information and Secrecy Act (SFS 2009:400).

The Competition Authority accepts leniency notifications in English.

Anonymous Contacts

It is possible for an undertaking to contact the Competition Authority anonymously and describe the infringement in hypothetical terms. Based on the information that the undertaking submits, the Competition Authority takes a preliminary position as to whether the undertaking is eligible for leniency at the time of the anonymous contact. This position is not legally binding on the Competition Authority as an anonymous contact cannot be considered as a proper notification. The Authority cannot guarantee that some other undertaking does not notify the infringement before the anonymous undertaking has made its proper notification.

Summary

Applications The Competition Authority accepts summary applications in respect of infringements already notified to another competition authority within the EU. More information on summary applications can be found in point 11 in the General Guidelines  (367 kB). Summary applications are available only for Type 1A leniency as defined in the ECN Model Leniency Program  (100 kB) (corresponding to the first type of leniency in the Swedish system). Please contact the Leniency Group to discuss the prerequisites for summary applications in individual cases.

The summary application template  (50 kB) can be used as guidance when making a summary application.

Information on how to apply for leniency to the European Commission can be found on the European Commission’s leniency website.

See also the website of the European Competition Network for information on other Member States’ leniency programs and where it is possible to apply in English.

Immunity from Trading Prohibition

Directors and staff at an undertaking that has been granted immunity or reduction of fines are automatically covered by the undertaking’s application and do not need to make individual applications for immunity from trading prohibition. The undertaking does not need to specify which employees it wishes to be covered by its application. If the undertaking is granted immunity or reduction, these individuals are automatically granted trading prohibition immunity. This also applies if the immunity or reduction has been granted by another competition authority within the European Union or by the European Commission.

More information on trading prohibition due to infringements of competition law.

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