The Leniency Policy for Undertakings Engaged in Cartel Conduct (Leniency Policy for Undertakings) is designed to provide a strong, transparent, and predictable incentive for an undertaking who is engaged or involved in cartel conduct to stop their conduct and report the conduct to the Commission. The Leniency Policy for Undertakings sets out information relating to:
the key elements and benefits of leniency;
applying for leniency through requesting, and perfecting, a marker;
entering into a leniency agreement and the need for ongoing compliance;
termination of the leniency agreement; and
protection for confidentiality.
The Leniency Policy for Individuals Involved in Cartel Conduct (Leniency Policy for Individuals) sets out similar information to the Leniency Policy for Undertakings and is directed towards individuals who wish to stop their involvement in cartel conduct and to report the conduct to the Commission.
A template for a leniency agreement between the Commission and an undertaking or an individual which has made a successful leniency application is attached as Annex A to both the Leniency Policy for Undertakings and the Leniency Policy for Individuals.
The way to apply for leniency under both policies is to call the Leniency Hotline at +852 3996 8010 or by e-mailing
[email protected]. The Leniency Hotline is answered between 8am to 6pm Hong Kong time, Monday to Friday (excluding public holidays).
Undertakings which do not benefit from leniency under the Commission’s Leniency Policy for Undertakings can opt to cooperate with the Commission’s investigation within the framework of the Cooperation and Settlement Policy for Undertakings Engaged in Cartel Conduct (Cooperation Policy).
The Leniency Policy for Undertakings replaces a previous version published in November 2015 which is available upon request.
NOTE: The Leniency Policy for Undertakings and the Leniency Policy for Individuals are policies issued under section 80 of the Competition Ordinance (Ordinance), which provides that the Commission may make a leniency agreement with a person that it will not bring or continue proceedings in the Competition Tribunal for a pecuniary penalty in exchange for the person’s cooperation in an investigation or in proceedings under the Ordinance.
Personal Information Collection Statement
Where a person provides personal data1 to the Commission in the context of making an application for leniency, the Commission will use the data for the purpose of considering the application in accordance with the Leniency Policy for Undertakings or Leniency Policy for Individuals, investigating the conduct reported to the Commission and taking enforcement action (including before the Competition Tribunal) pursuant to the provisions of the Competition Ordinance.
The Commission may disclose and/or transfer personal data to third parties in accordance with the Leniency Policy for Undertakings or Leniency Policy for Individuals and/or the leniency agreement (if any) concluded by the Commission and the party applying for leniency.
1 Personal data means personal data as defined in the Personal Data (Privacy) Ordinance, Cap. 486.