Regulation 5 - Grant of lesser penalty plus

Lesser penalty plus: disclosure of a new cartel can secure additional penalty reduction and immunity for the newly reported cartel.

An applicant who previously made a full, true and vital disclosure and then discloses a newly discovered cartel may receive an additional monetary reduction for the earlier cartel and full reduction for the newly disclosed cartel, provided the Commission can form a prima facie opinion about the new cartel. Individuals who were part of the earlier lesser penalty application may also receive the lesser penalty plus benefit if they are parties to the newly disclosed cartel. The Commission must distinguish the new cartel from the existing one and exercise discretion by considering detection likelihood and other relevant factors.