On 29 April 2025, the UK’s Competition and Markets Authority (CMA) launched a public consultation on proposed changes to its leniency regime in cartel cases. The consultation, which runs until 9 June 2025, seeks feedback from stakeholders on the Draft Revised Guidance that will replace the current leniency framework (OFT1495).
This revision reflects over a decade of enforcement experience, legal developments, and practical insights gathered by the CMA since the existing guidance was adopted in 2013. It also incorporates evolving regulatory priorities, including director disqualifications, international cooperation, and public procurement risks.
The CMA’s leniency programme plays a critical role in detecting and dismantling secret cartels. It encourages companies and individuals to self-report their involvement in anti-competitive conduct in exchange for immunity or reduced penalties. Effective leniency regimes not only uncover hidden conduct but also create uncertainty among cartel participants, thereby deterring future violations.
As Antitrust Intelligence reported in this article, the significant reduction on leniency applications may have encouraged competition authorities to review their programs to ensure their effectiveness.
Key Changes in the Draft Revised Guidance
The proposed updates are extensive. Below are the highlights that businesses, legal practitioners, and compliance officers should pay close attention to:
Broader Definition of Cartel Activity
The CMA proposes a more expansive, illustrative list of conduct that may qualify as cartel activity. This includes:
- Fixing or coordinating purchase prices (not just sales prices)
- No-poach and wage-fixing agreements
- Use of algorithms or third parties to facilitate collusion
- Information sharing on future pricing or strategy via trade associations, suppliers, or even public announcements
- Sustainability-related coordination that restricts innovation
The guidance retains flexibility, clarifying that leniency may still be available for other forms of collusion not listed explicitly.
Later Admission Requirement
Currently, applicants are expected to admit cartel participation early in the process. The revised guidance defers this admission to the point of signing the leniency agreement—usually just before the Statement of Objections is issued. This change addresses concerns that early confessions can deter companies from applying, particularly when the facts are still developing.
Applicants must, however, maintain consistent cooperation and cannot take positions incompatible with an eventual admission.
Reduced Protection for Type B and C Applicants
Changes are proposed to the incentives available for second (Type B) and subsequent (Type C) leniency applicants:
- Upfront immunity from penalties will no longer be available for Type B applicants.
- Discounts for Type B applicants are unlikely to exceed 75% and may be significantly lower, depending on the value added.
- Type C discounts may fall well below the current 50% maximum.
- Automatic director disqualification immunity will only be retained for Type A applicants. For others, protection becomes discretionary and conditional on cooperation.
These changes aim to strengthen the incentive for firms to be the first to report cartel conduct, reinforcing the value of Type A immunity.
Clarification on Criminal Immunity
The CMA reaffirms that criminal immunity is likely only for Type A applications. It is “unlikely” to be granted to individuals involved in Type B or C applications, reflecting the fact that such cases often begin with CMA investigations already underway.
The revised guidance also introduces information on the CMA’s use of SOCPA agreements, where cooperating individuals who plead guilty can receive reduced sentences.
Use of SharePoint Online for Applications
Recognising the practical challenges of oral-only applications, the CMA is now offering a secure SharePoint Online tool as the default method for submitting leniency statements that applicants prefer not to put in writing directly. This allows for efficient and confidential input, without the need for physical meetings or transcription.
The oral process will still be available upon request, but the CMA clearly favours the online option going forward.
Interaction with Public Procurement (PA23)
The new Procurement Act 2023 introduces mandatory and discretionary exclusion from public contracts for companies found to have participated in cartels. Importantly:
- Type A immunity recipients are automatically protected from debarment.
- Type B applicants who obtain a 100% reduction in fines may also benefit from protection.
- Other applicants may rely on “self-cleaning” arguments—where leniency applications could serve as mitigating evidence.
Why This Matters
The revised guidance reflects the CMA’s growing sophistication in cartel enforcement and its desire to fine-tune the leniency regime for greater impact. It aims to sharpen incentives, streamline processes, and provide greater predictability while still protecting the public interest.
For businesses, this underscores the importance of maintaining robust compliance programmes and seeking early legal advice when concerns arise. The benefits of self-reporting remain substantial, but only for those who move first—and cooperate fully. In other words, the guidance seeks to provide a bigger carrot for the first applicant and stick for the second and subsequent applicants.
Next Steps
Stakeholders can respond to the consultation by Monday 9 June 2025. Comments can be submitted to leniencyguidance@cma.gov.uk. The CMA has invited both general observations and feedback on specific proposals.
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