Leniency policies are seen as a revolution in contemporary anti-cartel law enforcement. Unique to competition law, these policies are regarded as essential to detecting, punishing and deterring business collusion - conduct that subverts competition at national and global levels. Featuring contributions from leading scholars, practitioners and enforcers from around the world, this book probes the almost universal adoption and zealous defence of leniency policies by many competition authorities and others. It charts the origins of and impetuses for the leniency movement, captures key insights from academic research and practical experience relating to the operation and effectiveness of leniency policies and examines leniency from the perspectives of corporate and individual applicants, advisers and authorities. The book also explores debates surrounding the intersections between leniency and other crucial elements of the enforcement system such as compensation, compliance and criminalisation. The rich critical analysis in the book draws on the disciplines of law, regulation, economics and criminology. It makes a substantial and distinctive contribution to the literature on a topic that is highly significant to a wide range of actors in the field of competition law and business regulation generally.
From the Foreword by Professor Frederic Jenny
` ... fundamental questions are raised and thoroughly discussed in this book which is undoubtedly the most comprehensive scholarly work on leniency policies produced so far ... [the] book should be required reading for all seeking to acquire a deeper insight into the issues related to leniency policy. It is a priceless contribution ... '
Caron Beaton-Wells is a Professor at the Melbourne Law School, University of Melbourne. Christopher Tran is a barrister at the Victorian Bar, Australia.
Part I: Introduction 1. Leniency Policies: Revolution or Religion? Caron Beaton-Wells Part II: Leniency Convergence and Divergence 2. Leadership of Leniency Ann O'Brien 3. Leniency Policy with Chinese Characteristics Mark Williams Part III: Leniency and the Competition Authority 4. What do we know about the Effectiveness of Leniency Policies? A Survey of the Empirical and Experimental Evidence Catarina Marvao and Giancarlo Spagnolo 5. Anti-Cartel Enforcement in Japan: Does Leniency Make the Difference? Steven Van Uytsel 6. Leniency, Profiling and Reverse Profiling in Multi-Product Markets: Strategic Challenges for Competition Authorities Leslie M Marx and Claudio Mezzetti 7. A Case for Capping the Dosage: Leniency and Competition Authority Governance William E Kovacic Part IV: Leniency and the Corporation 8. Leniency Decision-Making from a Corporate Perspective: Complex Realities Andreas Stephan and Ali Nikpay 9. Leniency: The Poisoned Chalice or the Pot at the End of the Rainbow? Ian S Forrester and Pascal Berghe 10. Reconditioning Corporate Leniency: The Possibility of Making Compliance Programmes a Condition of Immunity Brent Fisse Part V: Leniency and the Individual 11. Leniency, Whistle-Blowing and the Individual: Should We Create Another Race to the Competition Agency? Maurice E Stucke Part VI: Leniency and Crime 12. Leniency and Criminal Sanctions in Anti-Cartel Enforcement: Happily Married or Uneasy Bedfellows? Christopher Harding, Caron Beaton-Wells and Jennifer Edwards Part VII: Leniency and Compensation 13. Why Leniency does not Undermine Compensation Daniel A Crane 14. Leniency and the Two Faces of Janus: Where Public and Private Enforcement Merge and Converge Laura Guttuso Part VIII: Leniency and Compliance 15. The Air Cargo Cartel: Lessons for Compliance Howard Bergman and D Daniel Sokol 16. Combining Leniency Policies and Compliance Programmes to Prevent Cartels Joe Murphy