European Commission introduces online tool for the submission of evidence in cartel (leniency and settlement) and non-cartel cooperation proceedings

On 19 March 2019, the European Commission (the "Commission") launched an online tool to enable companies and their legal representatives to submit statements and documents electronically in the context of certain EU competition law proceedings (see Commission press release here; and the Commission's eLeniency webpage here).

The rationale underpinning the so-called "eLeniency" platform is to make the process of providing evidence to the Commission more efficient and less burdensome for companies. To date, corporate statements in the context of leniency applications (and other proceedings) have mainly been submitted orally by companies and their lawyers at the Commission's premises in Brussels.

The eLeniency tool enables companies and their lawyers to file statements and submissions directly online on DG Competition's secure server, thereby removing the need for companies to incur the time and expense of physically visiting the Commission's premises to dictate oral statements, without however jeopardising the user's rights to confidentiality and non-disclosure in the context of civil litigation.

Therefore, whilst companies will continue to have the option of providing their statements and submissions using the traditional oral procedure, the e-Leniency tool provides an alternative method of making such submissions.

Having been involved in the pilot scheme and testing process for the eLeniency tool, Herbert Smith Freehills has a thorough understanding of how this new mechanism works in practice and can provide advice on any queries relating to this. What's more, HSF is a registered user of the eLeniency system and is therefore in a position to readily assist clients with the provision of evidence to the Commission via this new online tool.

Read the full briefing here.

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