Leniency

Leniency is when a business or individual tells the Competition and Markets Authority (CMA) about their involvement in a cartel and cooperates with its investigation; in return, they may receive protection from the normal consequences of cartel involvement. The type of leniency available generally depends on whether other participants have already applied, whether the CMA is already investigating, and whether the applicant is a business or an individual.

Being the first to apply for leniency before the CMA has started investigating is the only way to obtain guaranteed immunity from financial penalties, director disqualification, criminal prosecution, and public contract exclusion and debarment. To obtain immunity or leniency, an applicant must stop participating in the cartel, provide all information, documents and evidence they hold about it, cooperate throughout the process, and admit their involvement, typically later in the investigation.

Applicants can seek confidential guidance from the CMA's leniency enquiry line without disclosing their identity before formally applying, and businesses or individuals concerned about legal costs may qualify for free advice through the Competition Pro Bono Scheme. Cartel activity that has taken place wholly or partly in Scotland is treated differently: the CMA decides whether to grant leniency to businesses, but it cannot give guaranteed immunity to individuals for offences prosecuted criminally in Scotland.