Schedule 1, paragraph 4

“Cartel” means an agreement or concerted practice between two or more competitors aimed at— through practices such as (but not limited to) those listed in sub-paragraph (2). co-ordinating their competitive behaviour in a market, or otherwise influencing competition in a market, Those practices are— fixing or co-ordinating purchase or selling prices or other trading conditions, including in relation to intellectual property rights, allocating production or sales quotas, and sharing markets and customers, including bid-rigging, restrictions of imports or exports or anti-competitive actions against other competitors. “Cartel leniency programme” means a programme operated by a competition authority under which— an undertaking that has participated in a cartel may provide the competition authority with information about the cartel and the undertaking’s involvement in it, and if it does so voluntarily and independently of the other cartel members, the competition authority may give the undertaking immunity from, or a reduction in, a financial penalty which would otherwise be payable by the undertaking for its participation in the cartel. “Cartel leniency statement” means a set of information provided, orally or in writing, to a competition authority by or on behalf of a person which— excluding any pre-existing information. consists of information about a cartel and the person’s role in relation to the cartel, is provided voluntarily, and is provided specifically for the purposes of the competition authority’s cartel leniency programme, For the purposes of sub-paragraph (4)— “pre-existing information” means information that exists irrespective of a competition authority’s investigations, and the fact that information is in a competition authority’s file does not prevent it from being pre-existing information. References to a cartel leniency statement include— a part of a cartel leniency statement, a quotation from a cartel leniency statement, all or part of a record of a cartel leniency statement, and a copy of all or part of a cartel leniency statement or of a record of such a statement. On the application of a claimant in competition proceedings, a court or the Tribunal may, in accordance with procedural rules, determine whether information is a cartel leniency statement. For the purposes of making a determination under sub-paragraph (7), the court or the Tribunal may— but may not obtain assistance from anyone else. take evidence from the author of the document, and obtain assistance from a competition authority,

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Source: legislation.gov.uk · retrieved 2026-09-04