Help, I have discovered a cartel

Competition law infringements can also come to light outside of an investigation by a competition authority, for example as a result of an internal investigation or accidental discovery. What should you do in this situation?

It is always vitally important to take swift action. The ACM and the EC have reward systems (leniency) for companies that report malpractice, with immunity from fines granted to the first applicant. This is of particular importance in situations where cartel operations have fractured, resulting in a race for leniency. Key steps in such situations are:

Establishing a small, efficient, multidisciplinary project team (compliance, IT, and external counsel). This team will conduct a closer, confidential investigation into any potential competition law infringements. All communication within the team should be kept confidential and covered by attorney-client privilege with external counsel;
Assessing and documenting the facts and focusing on document retention, e-discovery, and interviews;
Conducting a risk-assessment (establishing the facts, legal qualification of the conduct , assessment of potential fines and the likelihood thereof, potential scenarios);
After determining the facts and associated risks, a choice should be made on any subsequent action such as requesting leniency or internal corrective measures;
Other actions with regard to issues like communication strategy, disciplinary measures, retention policy, compliance, and possible international aspects should be considered.

If you uncover a competition infringement or are confronted with a dawn raid, we are ready to offer immediate assistance. We will make sure the process is smooth and straightforward, allowing you to make the right decisions both in the short and long term.