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MDPPACPB Regulations
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1.2 The level of reduction shall depend on:
(a) The order of application (first, second, third, or subsequent applicant);
(b) The timing of disclosure relative to the Authority’s investigation;
(c) The value of evidence provided; and
(d) The degree of cooperation maintained throughout the proceedings.
1.3 The Authority shall retain discretion within the ranges provided to determine
the exact level of reduction, based on the facts of each case.
2. Fine Reduction Ranges
Applicant
Position
Timing of Application
Reduction
Range
Conditions
First Applicant
(Immunity)
Before the Authority initiates
investigation OR before a
Statement of Objections is issued
Up to 100%
Must provide sufficient information to allow the
Authority to initiate proceedings or establish an
infringement. Full cooperation required.
First Applicant
(Late)
After Statement of Objections but
before final decision
60–80%
Must provide substantial added value to the case
and admit liability.
Second
Applicant
Early stage (before Statement of
Objections)
40–60%
Must provide additional significant evidence
strengthening the Authority’s case.
Second
Applicant
(Late)
After Statement of Objections
30–50%
Must provide useful corroborating evidence and
admit liability.
Third Applicant Early stage
20–40%
Evidence must contribute materially to the case.
Third Applicant
(Late)
After Statement of Objections
10–30%
Must provide relevant corroboration.
Subsequent
Applicants
Any stage
Up to 20%
Must provide cooperation and useful
corroboration.
3. Cooperation Multiplier
3.1 The base reduction range shall be adjusted upwards or downwards
depending on the quality of cooperation:
•
Exceptional cooperation: +10% additional reduction within the
applicable range.
•
Incomplete cooperation: –10% downward adjustment within the
applicable range.
•
Breach of obligations: Revocation of leniency.
4. Interaction with Settlement
4.1 Where an applicant combines leniency with settlement, additional
reductions shall apply:
•
Early Settlement (before Statement of Objections): +10%
additional reduction.
•
Late Settlement (after Statement of Objections): +5% additional
reduction.
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