Leniency Programme under Article 15-bis et seq. of Law 287/1990

Leniency: a key tool

Tackling cartels is one of our core missions at the Antitrust Authority. Agreements that fix prices, restrict output or sales, or divide up markets between companies damage competition and harm consumers. These anti-competitive agreements are usually secret and therefore hard to detect.

That is why, back in 2006, in line with the most advanced US and European rules, the legislature gave the Authority an incentive-based tool to encourage companies to come forward. Companies that reveal their involvement in a cartel may avoid a fine or receive a reduced one, depending on how quickly they act and how useful their information is (Article 15-bis et seq. of Law 287/1990).

The benefits of reporting

Experience in Italy and abroad shows that cartels – no matter how well hidden – can be uncovered, even without cooperation from the companies involved. The Authority’s inspection powers, combined with reports from employees who are not in senior positions, should encourage companies to carefully consider the benefits of our leniency programme.

In March 2023, we launched a secure Whistleblowing Platform. It allows individuals to report cartels anonymously, with specific safeguards against retaliation by the employer involved in the reported conduct. The platform has already helped us open several investigations into complex secret cartels.

Companies found to have broken the law may face fines of up to 10% of their turnover.

What and when to report

The Authority grants immunity from fines to the first company that voluntarily provides information or documentary evidence of a cartel. This evidence must be decisive – either proving the infringement directly or enabling us to carry out targeted inspections to secure proof.

Timing is crucial. Immunity from fines is not available if the Authority already has sufficient evidence to prove the infringement. Cooperation must continue throughout the investigation, and leniency applications must remain confidential – shared only with other competition authorities where required.

The Authority also values cooperation from companies that are not the first to come forward. In these cases, we apply a ranking system for fine reductions depending on when the leniency application was made.

How to report

To file for leniency, companies must submit an application to the Authority with clear information and relevant documents. A receipt confirming the date and time of submission may be requested. Applications relating to the same cartel are assessed in the order in which they are received.

Before filing, companies may seek clarification from the Authority – also anonymously – by calling the dedicated line (+39 0685821872) or the Cartels, Leniency and Whistleblowing Directorate. Applications with supporting documents can be hand-delivered to the Authority’s Protocol Office or sent by email to [email protected].

Leniency applications may also be made orally. In this case, companies must contact the Cartels, Leniency and Whistleblowing Directorate to arrange an appointment at the Authority’s premises.

Find out more

In line with EU law, the Authority has adopted the Notice below, which explains how companies that come forward to report their involvement in a cartel can receive full or partial immunity from fines, and how the leniency framework is applied.