Division 9.3.2 Deltafina’s alternative application for reduction of the fine

Deltafina’s application for immunity also included an application for a reduction of the fine which would have been otherwise applicable to it in this case, strictly subject to ‘rejection by DG Comp of its application for full immunity’.

The Decision (based on the tenor of the Leniency Notice, as well as on its teleological and systematic interpretation), finds that subsidiary applications for reduction can only be accepted in cases where conditional immunity cannot be granted at the time an application is made and loses any legal value once conditional immunity is granted. Given that Deltafina was initially granted conditional immunity and lost it for breaching the cooperation obligations to which it was subject, it cannot benefit from a reduction of the fine.