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Belgium Unveils New Leniency Guidelines

Client Alert | 1 min read | 10.24.07

CompetitionLaw360

Belgium has revealed a new set of guidelines for its leniency program, hoping to better employ the competition tool that has enabled U.S., EU and Asian antitrust authorities to unravel some of the world’s most notorious cartels. Belgium published a revamped version of its 2004 leniency initiative in the Belgium State Gazette, indicating a desire to keep up with the strides and various refinements that have been made to such programs over the years.

Under the new legislation, Belgium will reportedly accept oral leniency and implement a marker system, an increasingly popular feature among immunity programs. The acceptance of oral or other nonwritten statements from cartel members applying for leniency will help to protect companies concerned about producing hard documents that could later be subpoenaed or discoverable in civil litigation elsewhere, especially in the U.S. The marker system would enable cartel members to come forward and reserve places in line for leniency even before they have gathered information. This, regulators believe, will help them to capitalize on cartel members’ distrustful paranoia and ensure that members would come forward quickly.

Though the council has received an estimated 20 immunity applications since the program was first introduced in 2004, most of those were the result of companies applying for leniency in several jurisdictions, also known as double-dips. Seeking to toughen up the program, the council began the process of revising its leniency program back in September, inviting practitioners to comment on the process for the first time ever.

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Two Wrongs Don’t Make a Right: GAO Sustains Protest Where Agency Tried to Fix PIA Violation with a Second PIA Violation

Recent sustain decisions by the U.S. Government Accountability Office (GAO) in Fluor Federal Solutions, LLC and Reliance Test & Technology send a clear message: when an agency tries to fix a Procurement Integrity Act (PIA) violation by committing a second one, the cure can be just as fatal as the disease. The cases involved the U.S. Air Force’s $1.8 billion procurement for O&M services at Elgin Air Force Base. During discussions, the Air Force inadvertently released a pricing overview slide with all offerors’ bottom-line evaluated costs to Reliance Test & Technology, which immediately notified the agency of the error. In response, the Air Force decided to level the playing field by providing the same information to all the other offerors in the procurement, stating, “[o]fferors may consider this disclosure in their [final proposal revision].”...