The directors, managers and other members of staff of the undertaking or association of undertakings who have played a personal and decisive role in the design, organisation or implementation of the practices referred to in Article L. 420-1 are exempt from the penalties provided for in Article L. 420-6 if that undertaking or association of undertakings has benefited from a total exemption from pecuniary penalties pursuant to the procedure provided for in IV of Article L. 464-2 in respect of those practices, and if it is established that they have actively cooperated with the Competition Authority and the Public Prosecutor’s Office.
A person’s active cooperation is assessed in the light of the following criteria:
1° The person makes himself or herself available to the investigation services and the Competition Authority to answer any questions that may help to establish the facts;
2° The person refrains from destroying, falsifying or concealing relevant information or evidence;
3° The person provides evidence likely to establish the offence and to identify the other perpetrators or accomplices.
Exemption from punishment is not granted to directors, managers and other members of staff who, at the time of the application for exemption from pecuniary penalties made by the undertaking or association of undertakings for which they work pursuant to the procedure provided for in IV of Article L. 464-2, were aware of administrative or judicial proceedings relating to their participation in the practices referred to in Article L. 420-1 which are the subject of that application for exemption.