Cartels
Avoid sanctions
It is possible to completely avoid fines and imprisonment for having participated in a cartel if you cooperate with the competition authorities and meet a number of conditions – so-called leniency. Both companies and persons can apply for leniency.
Contact us if you wish to apply for or seek advice on leniency
An application for leniency can be submitted by email to the Danish Competition and Consumer Authority, or during a meeting with the Authority.
Contact one of the Authority’s officials responsible for the leniency program for cartels if you wish to:
• Submit an application for leniency
• Receive advice and guidance, because you are considering applying for leniency.
You can arrange a meeting with the Authority by contacting one of our officers with responsibility for leniency directly:
Stefan Kobbernagel, Head of Division, stko@kfst.dk
Anita Vedsø Larsen, Chief Advisor, avl@kfst.dk
Maria Wegener-Petersen, Chief Advisor, mwp@kfst.dk
You can find more information about leniency and the conditions which apply in our guideline on leniency at the bottom of the page.
Avoid sanctions completely
It is possible to completely avoid fines and imprisonment for having participated in a cartel if the applicant:
- is the first of the cartel members to contact the Danish Competition and Consumer Authority with information about the cartel.
- provides information that either enables the Authority to conduct an inspection in connection with the cartel, or if, based on the application, the Authority can identify an infringement in the form of a cartel.
- discloses the participation in the cartel.
- ceases participation in the cartel immediately after the application is submitted at the latest.
- has not destroyed, falsified, or hidden evidence related to the cartel.
- has not disclosed the application to others.
- has not coerced others into participating in the cartel.
- cooperates sincerely, fully, permanently, and promptly throughout the entire case.
Reduction of the sanction
If the applicant is not the first to apply for leniency, the sanction may be reduced. There are different rules for reducing fines and imprisonment, respectively.
Reduction of fines
The applicant must meet the following conditions in order for a fine to be reduced:
- the information provided about the cartel must offer significant added value to the Authority compared to the information already in its possession.
- discloses their participation in the cartel.
- ceases participation in the cartel immediately after the submission of the application at the lat-est.
- has not destroyed, falsified, or concealed evidence relating to the cartel.
- has not disclosed the application to others.
- has not coerced others into participating in the cartel.
- cooperates sincerely, fully, permanently, and promptly throughout the entire case.
For the second applicant, the fine may be reduced by 50% and for the third applicant by 30%. Subsequent applicants may have the fine reduced by up to 20%.
Reduction of prison term
It is up to the courts to decide whether the prison sentence will be reduced if the applicant helps solve the case. The applicant must fulfill the conditions mentioned above.