The Leniency PLUS+ concept offers cartel members a way to reduce their risk exposure regarding cartel damage actions. Any cartel member may benefit from the Leniency PLUS+ concept. It is not conditional on the participation in public leniency programmes offered by competition authorities.
Each member of an illegal cartel is liable on a joint and several liability basis. This means that each cartel member is liable for the entire damage caused by the infringement and that the person entitled to the damage can choose from which cartel member(s) to claim full compensation. Under CDC’s Leniency PLUS+ concept, a cooperating cartel member typically, besides paying a discounted compensation, provides information and data that facilitate the enforcement of antitrust damage claims against the other members of the cartel. This enhances the overall chances to obtain compensation. In return, CDC will “carve out” the damages relating to the Leniency PLUS candidate and will no longer enforce damage claims against it. This significantly reduces the risk exposure of the cooperating cartel member, increases legal certainty and thus helps to clear its balance sheet.
A Leniency PLUS+ agreement thus benefits both victims and the cartel members that conclude a Leniency PLUS+ agreement. If you would like to discuss a possible Leniency PLUS+ agreement, please send an email to LeniencyPLUSemail@example.com.