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New OFT leniency guidance 08/07/2013 The OFT has published revised and detailed leniency guidance, aimed at providing a clear and practical framework for leniency applications.

New OFT leniency guidance

The OFT has published revised and detailed leniency guidance, aimed at providing a clear and practical framework for leniency applications, including a policy of not requiring legal professional privilege waivers as a condition of leniency.

Under the OFT leniency programme, businesses that come forward and report their involvement in cartel activity may avoid a financial penalty or have the penalty reduced substantially. Individuals involved in cartel activity may also be granted immunity from criminal prosecution for the cartel offence under the Enterprise Act 2002.

The revised guidance replaces the OFT's previous leniency handling guidance, and will apply from today to all leniency applications made to the OFT.

“The secret nature of cartels and their damaging effects justifies a policy which rewards businesses or individuals who come forward to tell us about cartel activity that would otherwise have remained hidden,” said Jackie Holland, who led this work for the OFT. “It also helps us bring successful enforcement action against the other cartel members or individuals involved to bring the harmful activity to an end, as well as deterring businesses and individuals more widely from engaging in cartel activity in the future.”
 

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