MDPPACPB Regulations

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(b) Provides false or misleading information; 
(c) Fails to cease participation in the cartel; or 
(d) Breaches confidentiality or cooperation obligations. 
 
Part V – Fine Reductions and Benefits 
 
12. Fine Reductions Framework 
 
(1) The level of fine reduction shall depend on the timing and value of 
information provided, as follows: 
 
• 
First Applicant (Full Immunity): Up to 100% reduction of financial 
penalties; 
 
• 
Second Applicant: Up to 50% reduction; 
 
• 
Third Applicant: Up to 30% reduction; 
 
• 
Subsequent Applicants: Up to 20% reduction. 
 
(2) Fine reductions shall also consider: 
(a) The significance of the evidence; 
(b) The timing of disclosure; 
(c) The applicant’s role in the cartel (leader vs follower); 
(d) The applicant’s degree of cooperation; and 
(e) The applicant’s corrective measures. 
 
13. Non-Monetary Benefits 
 
In addition to fine reductions, applicants may benefit from: 
(a) Reduced duration of proceedings; 
(b) Consideration of compliance commitments in future licensing or tariff 
reviews; 
(c) Reduced reputational harm through acknowledgement of cooperation. 
 
 
Part VI – Procedure and Timelines 
 
14. Initial Application 
 
(1) An undertaking may submit a Leniency Application in writing at any time 
prior to the conclusion of the Authority’s investigation. 
(2) The application must include: 
    (a) Identity of the applicant; 
    (b) Description of the conduct; 
    (c) Names of other participants; 
    (d) Evidence in possession; 
    (e) Request for marker (if first applicant). 
 
15. Conditional Leniency