64Secondly, it should be noted that, according to the case-law of the Court, Article 101 TFEU and Articles 5 and 23(2) of Regulation No 1/2003 must be interpreted as meaning that, in the event that the existence of an infringement of Article 101 TFEU is established, the national competition authorities may, by way of exception, confine themselves to finding that infringement without imposing a fine where the undertaking concerned has participated in a national leniency programme (judgment of 18 June 2013, Schenker & Co. and Others, C‑681/11, EU:C:2013:404, paragraph 50). In order to ensure that not imposing a fine under a national leniency programme does not undermine the requirement of effective and uniform application of Article 101 TFEU, such treatment can be accorded in strictly exceptional situations only, such as where an undertaking’s cooperation has been decisive in detecting and actually suppressing the cartel (judgment of 18 June 2013, Schenker & Co. and Others, C‑681/11, EU:C:2013:404, paragraphs 47 and 49).
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