Jurisdiction(s):
United Kingdom

Key definition

Leniency definition

What does Leniency mean? In competition law practice, leniency describes a programme under which a business (and, in some regimes, individuals) that self‑reports a secret cartel—such as price‑fixing, market‑sharing or bid‑rigging—and provides full, continuous cooperation may obtain immunity or a reduction in penalties. In the UK, leniency is implemented through the Competition and Markets Authority’s policy (not a statutory definition). Undertakings may receive immunity or discounted fines for infringements of the Competition Act 1998. Individuals involved in the cartel offence under the Enterprise Act 2002 may receive “no‑action” letters (England and Wales and Northern Ireland) or immunity undertakings from the Lord Advocate (Scotland). Key...

LCD cartel: CJEU upholds €210m LG Display fine; value of sales includes parent-company sales; guidance on Fining Guidelines, treatment of captive sales, and limits of partial leniency immunity

Published by a LexisNexis Competition expert

Practice notes

CASE HUB (date of judgment—23/04/2015)

See further:

timeline
commentary
related/relevant cases

ARCHIVED — this preserved case hub reflects the position at the date of the decision of 23 April 2015; it is no longer maintained.

Case facts Outline

An appeal was lodged by LG Display and LG Display Taiwan challenging the General Court’s ruling which, on the merits, upheld the Commission’s decision of 8 December 2010 finding an infringement and levying a €215m fine on LG Display and LG Display Taiwan (jointly and severally, but cut to €210m by the General Court) for their alleged participation in a cartel concerning the supply of liquid crystal display (LCD) panels (the ‘LCD cartel’). On 23 April 2015, the Court of Justice rejected the appeal in full, thereby endorsing the infringement finding and the penalty, as trimmed by the General Court, to €210m. The case addresses, amongst other things, how the Fining Guidelines interact with the Leniency Notice, and the handling of Captive sales when calculating the fines imposed...

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