Leniency Programme

Cartels are hard to find because every member wants silence. Leniency rewards whoever speaks first. The first applicant with useful evidence usually receives full immunity. Later applicants may get a reduced fine, the size of the discount falling with each place in the queue. That creates a race, which also makes members distrust each other and so deters cartels from forming. Applicants must stop the conduct, cooperate throughout and, in most schemes, must not have forced others to take part. Many authorities allow a marker, which holds a firm's place in line while it gathers evidence. Amnesty Plus is a United States idea: a firm under investigation for one cartel that discloses a second one can earn extra credit in the first case. Competition authorities rely on it to open cases that dawn raids and price screening alone would never find.

A freight forwarder realises its sales director has been agreeing surcharges with two rivals. The legal team calls the competition authority the same day to secure a marker, gathers emails and meeting notes within the deadline, and files a full application. The authority later grants it immunity, while the rivals face fines.