Section 46 - Power to impose lesser penalty

Lesser penalty for cartel disclosure: reduced sanctions available for full, vital disclosures subject to continuous cooperation and conditions.

The Commission may grant a reduced penalty to a cartel participant who makes a full, true and vital disclosure and continues to cooperate; reduced penalty is barred if an investigation report was received before disclosure, may be withdrawn as regulated, and evidence from the application (other than admissions) may be used. If the applicant fails to comply with conditions, gives false evidence, or the disclosure is not vital, the applicant may be tried and held liable for the full penalty as if no reduction had been granted.