Leniency Policy in Competition Cases

Pursuant to Article 112 of the Competition Law 2018, the provisions are as follows:

1. Enterprises voluntarily reporting to the National Competition Commission to help detect, investigate, and handle prohibited anti-competitive agreements as stipulated in Article 12 of this Law may be exempted or have their penalties reduced under the leniency policy.

2. The Chairperson of the National Competition Commission decides on the exemption or reduction of penalties under the leniency policy.

3. The exemption or reduction of penalties stipulated in Clause 1 of this Article is based on the fulfillment of the following conditions:

   a) The enterprise has participated or is participating as a party to the anti-competitive agreement as stipulated in Article 11 of this Law;

   b) The enterprise voluntarily reports the violation before the competent authority issues a decision to investigate;

   c) The report is truthful and provides all information and evidence about the violation, which is significantly valuable for detecting, investigating, and handling the violation;

   d) The enterprise fully cooperates with the competent authority throughout the investigation and handling of the violation.

4. The provision in Clause 1 of this Article does not apply to enterprises that have coerced or organized other enterprises to participate in the agreement.

5. The leniency policy applies to no more than 03 enterprises that submit an application for leniency to the National Competition Commission and meet the conditions stipulated in Clause 3 of this Article.

6. The basis for determining enterprises eligible for leniency is as follows:

   a) Order of reporting;

   b) Time of reporting;

   c) The extent of truthfulness and the value of the information and evidence provided.

7. The exemption and reduction of fines are implemented as follows:

   a) The first enterprise to apply for leniency and meet the conditions stipulated in Clause 3 of this Article is exempted from 100% of the fine;

   b) The second and third enterprises to apply for leniency and meet the conditions stipulated in Clause 3 of this Article are respectively reduced by 60% and 40% of the fine.

This is the leniency policy for resolving competition cases in accordance with the provisions of competition law.

Sincerely!