What is needed to be a successful leniency applicant? Is documentary evidence required or is testimonial evidence sufficient?

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What is needed to be a successful leniency applicant? Is documentary evidence required or is testimonial evidence sufficient?

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In order to be a successful leniency applicant for immunity, the undertaking concerned must, in principal, (a) be the first cartel member to submit evidence which enables the HCC either to initiate the investigation procedure or to find a serious infringement of Article 1(1) of L 703/77 and/or Article 81(1) of the Treaty; and (b) the HCC must not have at the time of the submission, sufficient evidence to adopt a decision to carry out an investigation or to find an infringement. In addition, in the event of an application to submit evidence which enables the HCC to find a serious infringement, the HCC must not have granted immunity on the basis of evidence which enables it to initiate an investigation (paras 1-3 of the Decision). In a preliminary stage, the HCC will verify whether the undertaking’s application meets the initial conditions of paras 1-3 and will notify the undertaking accordingly through its Chairman. If an undertaking meets the conditions of paras 1-3 of the Decision, it