Cartels: Being First to Apply for Leniency Matters More Than Ever

In this CMA Blog post, author Lucilia Falsarella Pereira discusses the UK Competition and Markets Authority’s updated leniency guidance, emphasizing its continued importance in detecting and deterring cartel conduct. With nearly 250 leniency applications submitted since the previous guidance was issued 12 years ago—leading to over £355 million in fines and 24 director disqualifications—the CMA highlights leniency as a critical tool in maintaining fair markets. The revisions aim to keep the regime aligned with current law, including the Procurement Act 2023’s debarment rules, and make the process clearer and more accessible for potential applicants.

The post underscores that while leniency remains central to uncovering cartels, it is only one part of a broader detection strategy. The CMA continues to proactively pursue cases through intelligence gathering, data-driven analysis of public procurement markets, and monitoring sectors prone to collusion, including concerns around emerging algorithmic coordination. This active enforcement posture increases the risk for companies adopting a “wait and see” approach, reinforcing the value of early cooperation.

A major change in the updated policy strengthens the incentives for being first to report—Type A leniency now offers the only guaranteed immunity from fines, criminal prosecution, director disqualification, and public contract exclusion. Type B and C applicants no longer receive automatic protections, and immunity becomes discretionary. To support transparency, the CMA has streamlined its guidance, introduced a new online tool for applications, and expanded examples of conduct covered, including labor-market agreements and algorithmic collusion. The CMA also removed the requirement for an upfront confession, aiming to encourage earlier engagement from businesses considering coming forward…

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