Leniency programme and liability for damage caused by competition law infringements

Abstract

The article analyses the relationship between the leniency program in competition law and liability for damages for breach of competition rules and their interaction. The author points out that current rules on private actions for damages reduce incentives for cartel participants from applying for leniency, and therefore undermine leniency programmes. In addition, the author also explains that granting leniency recipients immunity from liability in follow-on actions for damages deprives partially the victims of competition law infringements of their subjective right to claim compensation for the harm caused to them.

Keywords

• leniency program
• damage claims
• immunity from liability in damage action
• competition law infringement
• competition law