The Competition Regulatory Authority of Mozambique (CRA) published its Leniency Regime Regulation (Leniency Regime), which establishes the procedure to apply for fine reductions granted by the CRA.[1] This regulation is designed to encourage collaboration with the CRA in the context of infringement proceedings related to anti-competitive practices.
The publication of the Leniency Regime follows the launch of a public consultation in April 2024 on the draft leniency regulation.
Scope
The Leniency Regime is potentially applicable to any type of collective anticompetitive behaviour prohibited by Articles 17 and 18 of Law no. 10/2013 (Competition Law), including agreements, decisions by associations of undertakings, and concerted practices between undertakings, both horizontal and vertical in nature, which have the object or effect of restricting competition in the national market. This means that while the main focus of the Leniency Regime may be cartels and other hardcore collusive behaviour between competitors, the Regime may also apply to other horizontal agreements and to vertical (e.g., supply and distribution) agreements.
The Leniency Regime applies primarily to undertakings and associations of undertakings that carry out economic activities in the national territory or produce effects there, within the meaning of article 3 of the Competition Law. Individuals (witnesses, experts, or representatives of the complaining or offending undertakings) who unjustifiably fail to attend proceedings for which they have been duly notified, in breach of the cooperation duty established by the Competition Law, may also apply for reduction in fines under the Leniency Regime.
[1] The Leniency Regime was approved by CRA Resolution no. 1/2025, of 13 February 2025, and published in the Official Journal (Boletim da República) I Série, no. 61, of 31 March 2025, which became publicly available in the course of last week.
--
Read the full publication at MDR Advogados
