Prominent German business publication Börsen-Zeitung (Stock-Exchange-Newspaper) recently turned to Frankfurt-based Antitrust associate Dr. Jens Steger to explicate the most recent developments regarding the Cartel Leniency Program of the European Commission.
The authority is considering modifying its leniency program by adding a so called “double-sided” whistleblower system. The system would help the EC to stay in contact with whistleblowers after they reported to the authority while still preserving their anonymity. For whistleblowers, anonymity is always an important consideration since most of them have a (former) contractual relationship with the cartelists and are potentially at risk of being hit by backlashes.
The development of a double-sided whistleblower system creates new risks for companies that are engaged in cartel activities according to Art. 101, 102 TFEU. Steger advocates that companies definitely reconsider their current antitrust compliance structures to be on the safe side.
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