The EC Leniency Programme: Hamstrung by Private Litigation?

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The EC leniency programme is vital to the detection, investigation and prosecution of cartels, and therefore to the Commission’s effectiveness as an antitrust authority. Any threats to its success are to be taken seriously. This article considers the threat posed by the rise of private antitrust litigation in Europe - which has weakened the incentives for leniency applicants - and the implications for the Commission’s enforcement activities.