S.L. 379.10 Art. 11The final decision on the grant of leniency at the end of the investigation.

(1) Subject to the first provisos of sub-regulations (2)

or (3), as the case may be, the Director General shall take a final decision regarding the leniency application at the end of the investigation and shall verbally inform the applicant thereof as soon as reasonably possible, but by no later than the date when a sworn application is filed in respect of the infringement in question pursuant to article 12A of the Act, unless the applicant has requested to be informed of the decision in writing.

(2) Where the Director General concludes that the applicant meets the conditions laid down in regulation 5(1), he shall grant the applicant immunity from penalties:

Provided that notwithstanding anything contained in any other law, if during the proceedings before the Court the applicant fails to continue to cooperate with the Office in terms of regulation 10(1)(b), the Director General may file an application requesting the Court to impose a penalty on the applicant pursuant to article 21(1) of the Act and may indicate a specific amount of the penalty for this purpose:

Provided further that the period of prescription laid down in article 26A of the Act for the filing of such an application shall commence to run on the day when the Director General considers that the applicant has failed to co-operate with the Office.

(3) Where the Director General concludes that the applicant meets the conditions laid down in regulation 8(2), he shall, request the Court to impose a reduced penalty on that applicant within a specified scale as provided in regulation 9, in proceedings instituted pursuant to article 12A of the Act:

Provided that notwithstanding anything contained in any other law, if during the proceedings before the Court the applicant fails to continue to cooperate with the Office in terms of regulation 10(1)(b), the Director General may file an application requesting the Court to impose a higher penalty pursuant to article 21(1) of the Act and he may indicate a specific amount of the penalty for this purpose:

Provided further that the period of prescription laid down in article 26A of the Act for the filing of such application shall commence to run on the day when the Director General considers that the applicant has failed to co-operate with the Office.