MDPPACPB Regulations

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(3) Other applicants may qualify for leniency with reduced penalties 
depending on the value and timing of their disclosures. 
 
7. Qualification for Full Immunity 
 
A party shall qualify for full immunity from fines and penalties where: 
(a) It is the first to provide information that enables the Authority to: 
    (i) Initiate a cartel investigation; or 
    (ii) Establish an infringement; 
(b) It provides sufficient, credible, and verifiable evidence; 
(c) It admits its participation in the conduct; and 
(d) It maintains continuous and complete cooperation until the conclusion of 
the case. 
 
8. Qualification for Partial Leniency 
 
Where full immunity is not available, an applicant may qualify for partial 
leniency (fine reduction) where it: 
(a) Provides additional significant evidence that strengthens the Authority’s 
case; 
(b) Ceases participation in the conduct; and 
(c) Cooperates fully with the Authority. 
 
Part IV – Cooperation Obligations 
 
9. Duty of Full Cooperation 
 
Applicants must: 
(a) Provide complete and truthful disclosure of all facts, documents, data, and 
information within their possession; 
(b) Make employees, officers, and agents available for interviews and 
testimony; 
(c) Not destroy, conceal, or tamper with evidence; 
(d) Maintain confidentiality and refrain from disclosing the application without 
prior consent of the Authority; and 
(e) Implement internal compliance measures to prevent recurrence. 
 
10. Ongoing Obligations 
 
Applicants must continue cooperation until: 
(a) The Authority issues a final decision; or 
(b) The Authority certifies completion of the investigation. 
 
11. Revocation of Leniency 
 
The Authority may revoke leniency where an applicant: 
(a) Fails to disclose material information;