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Application to individuals of the Dutch leniency programme

Application to individuals of the Dutch leniency programme. Kevin Hendriks Case handler NMa. Overview of presentation. Brief overview of Dutch system Relevant provisions regarding individuals in Dutch leniency programme How to facilitate applications by individuals

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Application to individuals of the Dutch leniency programme

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  1. Application to individuals of the Dutch leniency programme Kevin Hendriks Case handler NMa

  2. Overview of presentation • Brief overview of Dutch system • Relevant provisions regarding individuals in Dutch leniency programme • How to facilitate applications by individuals • How to combine leniency for both the undertaking and its former and current employees.

  3. 1. Brief overview of Dutch system • Administrative system • Investigation and sanctions decisions: NMa • Fines for undertakings (max 10% of worldwide turnover) • Fines for individuals (max €450.000) - • Administrative appeal: NMa • Appeal 1: Rotterdam Court of First Instance • Appeal 2: Trade and Industry Appeals Tribunal

  4. 2. Relevant provisions Dutch leniency programme Possible leniency applications by individuals: • Co-application by employee or ex-employee, following an application by undertaking ‘blanket leniency’ • Individual application by an employee or ex-employee • Joint application by multiple employees of the same undertaking

  5. 3. How to facilitate applications by individuals • Challenges • Understanding conditions • Drafting statements • Confidentiality arrangements with former employer • Practical solutions

  6. 4. Combining leniency for undertakings and (ex-)employees. • Application of "blanket-leniency" in practice • Confidentiality • Joint interviews • Drafting • Cooperation between individuals and undertaking • Timing of granting leniency to (ex-)employee(s) • Former employees • How to approach former employee(s) • Cooperation between former employee(s) and undertaking

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