1. European Commission, DG Competition, Cartel Directorate 1 RECENT TRENDS AND DEVELOPMENTS IN COMPETITION LAW AND POLICY 2008 Leniency – experience, practical obstacles, coordination between jurisdictions Paul Malric-Smith Head of Unit / Cartels I St. Martin Conference Brno, Czech Republic 12 November 2009

2. European Commission, DG Competition, Cartel Directorate 2 „The opinions expressed are solely those of the speaker and do not necessarily represent the position of the European Commission.“

3. European Commission, DG Competition, Cartel Directorate 3 Experience with leniency at that Commission Leniency Notices 1996, 2002, 2006 Higher standards Disclose (own) participation Enable Commission to carry out a targeted inspection Detailed list Greater expectations Full cooperation from date of application Not “minimum to qualify” Trends / difficulties Disclosing participation in an alleged cartel Description of cartel

4. European Commission, DG Competition, Cartel Directorate 4 Practical obstacles (for applicants and authorities) Multijurisdictional cartels Stricter / unattractive conditions in some jurisdictions Conflicting requirements Civil discovery Immunity for individuals Avoid disincentives to leniency where possible

5. European Commission, DG Competition, Cartel Directorate 5 Coordination Coordinating leniency policies –EU Model Programme –ICN work Ad hoc coordination –Flexibility rule in Model Programme –Make Leniency work for applicants and authorities