On 3 May 2024, the Ministry of Commerce issued Decision No. 107 on Conditions and Procedures for the Grant of Leniency under Law on Competition ("Decision"). The Decision applies to those who directly or indirectly violate the horizontal agreement restriction under Article 7 of the Law on Competition.
The Decision provides for the conditions and procedures for a grant of leniency, which include: (i) an exemption from penalty and punishment; (ii) a reduction of penalty and punishment; (iii) an exemption from penalty and punishment for former and current employees who work for a person entitled to such exemption ("Employees"); and (iv) empowering the Competition Commission of Cambodia ("CCC") to reduce the penalty and punishment for Employees at its discretion.
CCC will consider certain conditions before granting leniency, including whether: (i) the request for exemption is made before CCC issues a decision on preliminary inspection and sends the case to the court; (ii) the applicant submits a request with supporting documents and information as evidence related to the violation of the horizontal agreement restriction; and (iii) the applicant continues to cooperate with CCC until CCC issues decisions on preliminary inspection and sends the case to the court.
