Scholars, policymakers and practitioners analyse the recent trend in Asia to experiment with leniency programmes, a tool unique to competition law to detect, punish and deter cartel formation. This volume explains what forces have shaped these programmes and how cartel participants are responding to them.
In response to cartel formation, competition lawyers and policymakers in nine Asian jurisdictions have experimented with leniency programmes. This mechanism allows firms to come forward with information in relation to their illegal cartel participation in return for a reduction of or immunity from a sanction. The experimentation plays out across three different dimensions: the revision of early adopted leniency programmes, the introduction of newly written leniency programmes, and the decision – deliberate or otherwise – not to create a leniency programme. This volume is the first to analyse the empirical evidence across a number of countries to determine how effective these measures have been, and how they have been amended in response to problems encountered. In this volume, local experts from key Asian jurisdictions, together with international experts, offer an introduction to this fast-developing field, and explore the theoretical, international and regulatory contexts of leniency programmes.
Arvustused
'This book offers a comprehensive understanding on the critically important topic of leniency in Asian competition law.' D. Daniel Sokol, Carolyn Craig Franklin Chair Professor in Law and Business, Gould School of Law, University of Southern California 'Leniency has already achieved remarkable success in eliciting confessions from cartel participants; nevertheless, leniency programs across the globe have not converged, with markedly different scorecards among countries. Getting out of this impasse requires case studies, together with solid theoretical inquiries. This book, the first large-scale study on leniency in Asia, presents a refreshing answer to this challenge. It is a pleasure to read this meticulously constructed book, with a sharply focused introduction, followed by countries' case studies, not only of Asia (including China) but also of the pioneering US and EU, conducted by first-rate scholars in each country.' Toshiaki Takigawa, Professor Emeritus, Faculty of Law, Kansai University, Osaka
Muu info
The first empirical analysis of leniency programmes implemented in Asian countries to enforce the anti-cartel provisions of their competition law.
Part I. Introduction:
1. Leniency in Asian Competition Law Steven Van
Uytsel, Mark Fenwick and Yoshiteru Uemura; Part II. Leniency In Historical,
International and Theoretical Context:
2. The Development of the Leniency
Programmes of the US Department of Justice and the European Commission
Baskaran Balasingham;
3. International Guidelines and Best Practices on
Leniency Programmes: Decontextualised Summaries of Local Practices Steven Van
Uytsel;
4. Situating Leniency Mark Fenwick; Part III. Leniency Programmes In
Selected Asian Jurisdictions:
5. The Original Leniency Programme of Japan:
Law Making in the Shadow of Lobbying, Political Pressure and Legal
Constraints Steven Van Uytsel;
6. Negotiated Leniency in Japan Embedded in
Ever Increasing Sanctions: A Deterrence Perspective Steven Van Uytsel and
Yoshiteru Uemura;
7. The Law and Policy on Cartels and Leniency in Korea Yo
Sop Choi;
8. The Leniency Programme in Taiwan: Enforcement Experience,
Effectiveness Assessment, and Future Challenges Andy C. M. Chen;
9. The State
Administration for Market Regulation and its Leniency Programme: Infusing a
Dose of Trust and Predictability Ying Bi and Steven Van Uytsel;
10. Leniency
Policy in Singapore Scott Clements and Daren Shiau;
11. The Leniency
Programme in Malaysia's Competition Regime: A Critical Evaluation Cassey Lee;
12. Hong Kong's Revised Leniency Policy and its Potential to Deter Cartels
Sandra Marco Colino;
13. The Leniency Programme under the Indian Competition
Law Nikita Koradia, Kiran Manokaran and Juhi Hirani;
14. Cartel Defection in
the Philippines Through Leniency: Incentives Jeopardised by Discretionary
Decision Making Power Alizedney M. Ditucalan and Steven Van Uytsel;
15. The
Absence of a Leniency Programme in Thai Competition Law Ploykaew Porananond;
Part IV. Concluding Remarks:
16. Leniency Programmes in Asia: Convergence,
Divergence and Distinctiveness Steven Van Uytsel, Mark Fenwick and Yoshiteru
Uemura; Bibliography; Index.
Steven Van Uytsel is Professor of International Business Law at the Graduate School of Law, Kyushu University, Japan. Mark Fenwick is Professor of International Business Law at the Graduate School of Law, Kyushu University, Japan. Yoshiteru Uemura is a Professor of Competition Law at the Faculty of Economics, Hannan University, Japan.
