A leniency programme is a set of regulations allowing an antitrust authority to grant immunity from fines or their reduction to an enterprise which undertook cooperation with the authority and provided evidence of an existence of an unlawful competition-restricting agreement. Leniency programmes are in operation in almost all EU member states.

Leniency applications (also shortened and simplified ones) can be submitted personally at the Office of Competition and Consumer Protection in Warsaw (UOKiK), to an Office’s official for the record, by post, fax or e-mail ([SCODE]bGVuaWVuY3lAdW9raWsuZ292LnBs[ECODE]). In the two latter cases, the original application must be delivered to the Office within 5 days.

For more information about the programme please call our helpline:
(+48 22) 55 60 555

Enterprises interested in applying for leniency can also seek practical instructions in the Guidelines of the President of the Office of Competition and Consumer Protection on the leniency programme.

The powers of the UOKiK and the rights of enterprises under the leniency programme are set forth in the Act of 17 February on competition and consumer protection and the Regulation of the Council of Ministers of 26 January 2009 concerning the mode of proceeding in cases of enterprises’ applications to the President of the Office of Competition and Consumer Protection for immunity from fines or their reduction.

Unlawful agreements are among the most serious infringements of competition law and can be punished with a maximum fine of 10% of the involved enterprise’s revenue. Detailed information about the Office’s policy of setting fines is provided in the Guidelines on setting fines for competition-restricting practices.

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