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MDPPACPB Regulations

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101 
 
(1) The Authority shall issue a Conditional Leniency Letter within 30 days of 
receiving a complete application. 
(2) This shall confirm the applicant’s provisional eligibility subject to compliance 
with cooperation obligations. 
 
16. Final Leniency Decision 
 
(1) Upon conclusion of proceedings, the Authority shall issue a Final Leniency 
Decision confirming the level of immunity or fine reduction granted. 
(2) The decision shall be binding and enforceable. 
 
 
Part VII – Confidentiality and Protection 
 
17. Confidential Treatment 
 
(1) All leniency applications, evidence, and communications shall be treated 
as confidential. 
(2) Disclosure shall only occur where: 
    (a) Required by law or court order; 
    (b) Necessary for ensuring due process to other parties; or 
    (c) Agreed by the applicant. 
 
18. Protection of Leniency Applicants 
 
(1) Information disclosed by leniency applicants shall not be used as the sole 
basis for initiating criminal prosecution, except in cases of fraud or deliberate 
deception. 
(2) The Authority may recommend mitigation of collateral consequences (e.g., 
disqualification from public procurement) for cooperating applicants. 
 
Part VIII – Relationship with FCCPC and Other Authorities 
 
19. Cooperation with FCCPC 
 
The Authority shall: 
(a) Notify and liaise with the FCCPC on leniency applications of mutual 
concern; 
(b) Exchange information consistent with data protection and confidentiality 
obligations; and 
(c) Ensure harmonised treatment under both regimes. 
 
20. International Cooperation 
 
Where applicable, the Authority may share information with foreign 
competition authorities in line with international cooperation agreements and 
safeguards.