MDPPACPB Regulations

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(4) For transparency, the Authority may publish the names of fined entities and 
amounts, subject to the exhaustion of appeal timelines or decisions. 
 
105. Designated Account for the Payment of Penalty Proceeds 
Penalty proceeds shall be paid into the designated account of the Authority, 
in accordance with applicable laws and financial procedures. 
 
 
PART XVIII- LENIENCY PROGRAMME, SETTLEMENTS, AND COMMITMENT 
DECISIONS 
 
106. Leniency Programme for Cartel Disclosure 
(1) The Authority may establish a Leniency Programme to detect and deter 
cartels and other secret anti-competitive agreements. 
(2) Under the Leniency Programme, an undertaking or individual that 
voluntarily discloses its participation in a cartel may qualify for immunity from 
fines or a reduction thereof, where it: 
   (a) Is the first to provide evidence sufficient to trigger or advance an 
investigation; 
    (b) Terminates its participation in the cartel immediately; 
    (c) Provides full, continuous, and truthful cooperation throughout the 
proceedings of the Authority; 
    (d) Has not coerced others to join or remain in the cartel. 
(3) Full immunity may be granted to the first qualifying applicant. Subsequent 
cooperating undertakings may receive fine reductions, as specified in the 
Leniency Policy of the Authority. 
(4) The Authority shall ensure the confidentiality of the identity and submissions 
of the applicant for leniency, to the extent possible under applicable laws. 
(5) Immunity shall not apply if the undertaking: 
    (a) Fails to cooperate fully; 
    (b) Provides false or misleading information; or 
    (c) Is not the first to come forward and fails to meet the conditions of reduced 
leniency. 
 
107. Settlements in Non-Cartel Cases 
(1) In matters involving suspected abuse of dominance, vertical restraints, or 
other non-cartel infringements, the Authority may, at its discretion, enter into 
settlement discussions with the concerned party. 
(2) A settlement agreement may include commitments to cease the alleged 
conduct, implement specific remedies, and pay a reduced fine in exchange 
for expedited resolution. 
(3) Settlements shall: 
    (a) Be voluntary and not amount to admission of liability unless explicitly 
stated; 
    (b) Be approved by the Authority and published in summary form; 
    (c) Be binding as if issued by the Authority in a final decision.