Leniency and no-action in cartel cases

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The Competition and Markets Authority's (CMA) purpose is to help people, businesses and the UK economy by protecting competition and tackling unfair behaviour.

About this consultation

We are inviting views on proposed changes to guidance on applications for leniency and no-action in cartel cases (OFT1495).

Our leniency policy plays an important role in the CMA’s strategy to deter anti-competitive conduct by supporting and facilitating the effective detection and enforcement of cartel activity. The policy encourages firms and individuals who have been involved in cartel conduct to come forward and cooperate with the CMA in return for immunity from, or a reduction in, financial penalties, and immunity from criminal prosecution and/or protection from director disqualification proceedings. CMA’s leniency policy can increase compliance with competition law, thereby building trust in the UK economy. More effective compliance with competition law increases competition, leading to lower prices, as well as more innovation, choice, quality, security of supply, productivity, investment, and economic dynamism.

About the proposed changes

We are proposing a number of amendments to OFT1495 to ensure that the revised guidance reflects changes in relevant legislation, as well as developments in the CMA’s policy, experience and processes. Additionally, we have considered how the revised guidance could best ensure that the incentives offered by the CMA’s leniency regime are in the right place to support the CMA’s enforcement objectives. The CMA is also keen to ensure that the revised guidance provides clarity, predictability and transparency for applicants and their legal advisers about the CMA’s leniency policy and process.

What we are considering

Included within the scope of this consultation are:

  • Applications for leniency and no-action in cartel cases - OFT1495
  • the Quick Guide to Cartels and Leniency for Individuals (OFT1495i)
  • the Quick Guide to Cartels and Leniency for Businesses (OFT1495b)

Further detail on the proposed amendments, including the rationale for these, is provided in the accompanying consultation document.

We welcome feedback on the draft revised guidance, including responses to the questions set out in the consultation document at pages 22 and 23 which can be found in the documents section.

We want to hear from you

We are keen to hear from legal practitioners who have had experience of applying the CMA’s leniency guidance in practice, as well as businesses and/or individuals who have had first-hand experience of the leniency regime.

Responding to our consultation

This consultation closes at 5pm on Monday 9 June 2025.

In your response, provide supporting evidence or examples for your views where possible.

Please also state whether you are responding as an individual or are representing the views of a group or organisation. If the latter, please make clear who you are representing and their role or interest.

In accordance with the CMA’s policy of openness and transparency, the CMA may publish non-confidential versions of responses or a summary of those responses on our webpages.

If your response contains any information that you regard as sensitive and that you would not wish to be published, please provide at the same time a non-confidential version for publication on the CMA’s webpages which omits that material and which explains why you regard it as sensitive.

How to respond

Send your response to leniencyguidance@cma.gov.uk

Your personal data

Your name and contact details are your personal data. In collecting, receiving, storing, accessing and using your personal data, the CMA, as controller, is processing your personal data. The CMA processes personal data in accordance with data protection law. The CMA is processing your personal data so that it can contact you again, should it need further help or information from you, in order to carry out its statutory duty under section 88(4) of the Fair Trading Act 1973 (as preserved in Schedule 24 Enterprise Act 2002) to keep under review undertakings and orders.

For more information about how the CMA processes personal data and your rights relating to that data, read our privacy notice.

The Competition and Markets Authority's (CMA) purpose is to help people, businesses and the UK economy by protecting competition and tackling unfair behaviour.

About this consultation

We are inviting views on proposed changes to guidance on applications for leniency and no-action in cartel cases (OFT1495).

Our leniency policy plays an important role in the CMA’s strategy to deter anti-competitive conduct by supporting and facilitating the effective detection and enforcement of cartel activity. The policy encourages firms and individuals who have been involved in cartel conduct to come forward and cooperate with the CMA in return for immunity from, or a reduction in, financial penalties, and immunity from criminal prosecution and/or protection from director disqualification proceedings. CMA’s leniency policy can increase compliance with competition law, thereby building trust in the UK economy. More effective compliance with competition law increases competition, leading to lower prices, as well as more innovation, choice, quality, security of supply, productivity, investment, and economic dynamism.

About the proposed changes

We are proposing a number of amendments to OFT1495 to ensure that the revised guidance reflects changes in relevant legislation, as well as developments in the CMA’s policy, experience and processes. Additionally, we have considered how the revised guidance could best ensure that the incentives offered by the CMA’s leniency regime are in the right place to support the CMA’s enforcement objectives. The CMA is also keen to ensure that the revised guidance provides clarity, predictability and transparency for applicants and their legal advisers about the CMA’s leniency policy and process.

What we are considering

Included within the scope of this consultation are:

  • Applications for leniency and no-action in cartel cases - OFT1495
  • the Quick Guide to Cartels and Leniency for Individuals (OFT1495i)
  • the Quick Guide to Cartels and Leniency for Businesses (OFT1495b)

Further detail on the proposed amendments, including the rationale for these, is provided in the accompanying consultation document.

We welcome feedback on the draft revised guidance, including responses to the questions set out in the consultation document at pages 22 and 23 which can be found in the documents section.

We want to hear from you

We are keen to hear from legal practitioners who have had experience of applying the CMA’s leniency guidance in practice, as well as businesses and/or individuals who have had first-hand experience of the leniency regime.

Responding to our consultation

This consultation closes at 5pm on Monday 9 June 2025.

In your response, provide supporting evidence or examples for your views where possible.

Please also state whether you are responding as an individual or are representing the views of a group or organisation. If the latter, please make clear who you are representing and their role or interest.

In accordance with the CMA’s policy of openness and transparency, the CMA may publish non-confidential versions of responses or a summary of those responses on our webpages.

If your response contains any information that you regard as sensitive and that you would not wish to be published, please provide at the same time a non-confidential version for publication on the CMA’s webpages which omits that material and which explains why you regard it as sensitive.

How to respond

Send your response to leniencyguidance@cma.gov.uk

Your personal data

Your name and contact details are your personal data. In collecting, receiving, storing, accessing and using your personal data, the CMA, as controller, is processing your personal data. The CMA processes personal data in accordance with data protection law. The CMA is processing your personal data so that it can contact you again, should it need further help or information from you, in order to carry out its statutory duty under section 88(4) of the Fair Trading Act 1973 (as preserved in Schedule 24 Enterprise Act 2002) to keep under review undertakings and orders.

For more information about how the CMA processes personal data and your rights relating to that data, read our privacy notice.

Page published: 29 Apr 2025, 01:00 PM