GREECE Law and Practice Contributed by: Anna Manda and Maria Kallidopoulou, Karatzas & Partners
and have the opportunity to respond in writing and submit any supporting evidence, which they can further elaborate on at the hearing before the HCC (if any), where they can submit additional arguments. This is the stage, after the issuance of the statement of objections and before the issuance of the HCC decision, where a defence counsel can raise legal and factual arguments to persuade the HCC not to issue an infringement decision or where a defence counsel can other - wise improve the undertaking’s position. 3. Leniency, Immunity and Whistle- Blower Regimes 3.1 Leniency The GCA includes a detailed leniency regime based on the EU leniency programme and pro - vides for either full immunity or a reduction of fines (ie, partial immunity). Undertakings, asso - ciations of undertakings, and natural persons involved in an anti-competitive practice may be the beneficiaries of the leniency programme and can apply to the HCC for immunity (either full or partial). Immunity is granted by the HCC depending the characteristics of each case (see also 3.2 Amnesty/Immunity ). 3.2 Amnesty/Immunity There is no amnesty regime under the GCA. Full Immunity From Fines Complete exemption from fines will be granted to the applicant that: • is the first to submit information and evidence that, in the HCC’s view, will enable the appli - cant to either:
(a) launch a targeted investigation with regard to the alleged violation of Article 1 of the GCA (and Article 101 of the TFEU), if the HCC did not already have sufficient evidence; or (b) find an infringement of Article 1 of the GCA (and Article 101 of the TFEU), if the HCC did have some indications of the al - leged cartel, but these were not sufficient to establish an infringement; • admits its participation in an anti-competitive practice; • co-operates genuinely, fully, continuously and expeditiously throughout the HCC adminis - trative procedure from the time it submits its application; • ceased its involvement in the alleged cartel immediately following the submission of its application/evidence; • refrains from destroying, falsifying or with - holding information or evidence of the alleged infringement; • has not induced other companies to partici - pate in the alleged cartel; and • has treated its application for leniency as confidential until the issuance of the state - ment of objections. It is also worth mentioning that, under the Greek leniency regime, ringleaders may qualify for full immunity from fines. Partial Immunity From Fines If the applicant does not qualify for full immu - nity, it may receive a reduction of the fine that would otherwise have been imposed. In order to do so, the applicant must provide the HCC with evidence that adds value to the evidence already in the possession of the HCC. In addi - tion, the above-mentioned general conditions for full immunity (ie, admission of participation in the cartel, co-operation with the HCC, and ceas -
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