Article 17 › 2
Member States shall ensure that immunity from fines is granted only where the applicant: (a) fulfils the conditions laid down in Article 19; (b) discloses its participation in a secret cartel; and (c) is the first to submit evidence which: (i) at the time the national competition authority receives the application, enables the national competition authority to carry out a targeted inspection in connection with the secret cartel, provided that the national competition authority did not yet have in its possession sufficient evidence to carry out such an inspection or had not already carried out such an inspection; or (ii) in the national competition authority's view, is sufficient for it to find an infringement covered by the leniency programme, provided that the authority did not yet have in its possession sufficient evidence to find such an infringement and that no other undertaking previously qualified for immunity from fines under point (i) in relation to that secret cartel.
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Source: EUR-Lex CELLAR · retrieved 2026-08-27