Brussels, 30 September 2022
The European Commission has upgraded its online platform “eLeniency” to ensure that companies who are parties to cartel and antitrust proceedings can easily and securely access documents online. This new version allows for an efficient interaction with the parties, and adapts the tool to today’s new working methods.
The eLeniency platform, introduced in 2019 as a one-way tool, allows companies and their legal representatives to submit statements and documents online as part of leniency, settlement and non-cartel cooperation proceedings. However, until now access to documents that are subject to particular protection, such as corporate statements, was taking place exclusively at the Commission’s physical premises.
The new two-way version of the eLeniency tool will allow the Commission to easily and securely display documents online. Therefore, the parties will no longer need to come to the Commission’s premises to access or to be notified a range of different documents and information produced during leniency, cartel settlement and non-cartel cooperation proceedings. In particular:
As regards leniency applications, users of eLeniency, such as companies and their legal representatives, can be notified letters and decisions in the context of an application for immunity from fines or for a reduction of fines, including requests for information made under the Commission’s Leniency Notice.
As regards cartel settlement or non-cartel cooperation procedures, eLeniency can be used to grant access to or to notify letters, decisions and other documents, such as decisions to initiate proceedings, statements of objections, etc.
As regards access to the Commission’s file at its premises, eLeniency now allows the Commission to grant access online to corporate statements and other leniency material, which were so far accessible only at the Commission’s physical premises. Access to eLeniency is restricted to users pre-authorised by the Commission on a case-by-case basis. It provides the same guarantees in terms of confidentiality and legal protection as the traditional procedure at the Commission’s physical premises. To this end, all data displayed through the eLeniency tool is secure and all functionalities to copy, print or download are disabled.
The use of the eLeniency system is currently voluntary. Companies and their legal representatives can continue to use the oral procedure to make statements or receive access to information at the Commission’s on-site premises, if they wish to do so.
Background
Since its introduction, eLeniency has largely replaced the previous practice of dictating oral corporate statements at the Commission’s premises in Brussels and, during the Coronavirus lockdown period, ensured the smooth running of the leniency programme.
eLeniency is available 24 hours a day and 7 days a week. Additional information on the technical safeguards and the instructions on how to get access to and use the system are available on the Commission’s competition website.
Source – EU Commission