A decision titled Decision No. 107 on Requirements and Procedures on Leniency under the Law on Competition was released by the Ministry of Commerce ("MOC") on May 3, 2024. This Decision aims to address the conditions and procedures for the Cambodia Competition Commission ("CCC") to grant leniency to individuals who engaged in unlawful Horizontal Agreements ("Agreements") as specified under Article 7 of the Law on Competition ("LOC"), as provided under Article 15 of the LOC, provided that the individuals cooperated with the CCC by admitting to such unlawfulness.

Scope

As stated in Article 7 of LOC, this Decision applies to those who created and carried out the Agreement that, either directly or indirectly, impairs competition ("Violator").

Authority

The Consumer Protection Competition and Fraud Repression Director-General of the Ministry of Commerce ("CCF") serves as the implementing body and secretariat for the CCC, which is primarily in charge of examining the leniency application, supporting documentation, and other tasks as delegated.

Leniencies

Definition: "Leniency" refers to the immunity from fines and penalties or the lowering of penalties provided to the Agreement's violators; approval from the appropriate court is required for either option.

Types

There are four ways that leniency can be given, including:

• Type 1 is immunity from fines and sanctions;
• Type 2 is reduction of fines and immunity from sanctions;
• Type 3 is immunity from fines and sanctions for natural persons who are current or former employees of the violator and who qualify for immunity; and/or
• Type 4 is the CCC's recommendation, made at its discretion, for a reduction of fines and immunity from sanctions for current or former employees.

Condition

An application may be given leniency if three of the following requirements are satisfied:

• Before the CCC issues a Decision on Preliminary Examination and submits the case to the court, the investigating officers submit a request for leniency.
• The applicant then submits a complete application for leniency to the CCC, along with proof of the violation and self-admission of participation in the Agreement.
• After receiving conditional leniency, the applicant continues to carry out the collaboration obligations.

**Decision on Preliminary Examination refers to a decision made by the CCC on the preliminary report by the investigating officers.

Final Decision on Leniency

Following the release of the CCC's Decision on Preliminary Examination, the relevant court will have the authority to grant the CCC's request for leniency.