COMPARATIVE – LEGAL ASPECTS OF THE CONCEPT OF “FULL IMMUNITY OR THE REDUCTION OF THE FINE” IN COMPETITION LAW

Abstract

The subject-matter of the analysis in this article is the comparative legal aspects of
the concept/theory of “exemption or reduction of the fine in the competition law”, or in the
literature and practice known as “leniency” in the competition law. In essence, the article is a
supplement and upgrade of research already conducted by the authors on the topic: “leniency”
in the Macedonian legal system, focusing on theoretical aspects, legal solutions and practical
achievements of this concept of competition law.
Bearing in mind the the importance and role of the theory of “leniency” in the business
environment and in a wider social context, at the same time analyzing the EU approach to the
practice of “leniency” and the results achieved in Europe and the world with the application
of this theory, and in order to ensure healthy and loyal competition, we considered that a
comparative study of this concept of detecting and combating the violation of competition
law deserves attention.
The paper aims to analyze and study the position of comparative legal systems in terms
of the practice of “leniency”, the degree of acceptance of this concept by the business sector
in comparative systems, and finally, the impact of COVID-19 pandemic on the application on
“leniency”.
In this asticle several research methods have been used. Namely, the role of the
comparative method is dominant, and for the needs of the hypothesis, the main analysis and
conclusions, the analytical-descriptive method, the historical method, the method of induction
and deduction, analysis and synthesis are used.