Anti-Cartel Enforcement in a Contemporary Age: Leniency Religion

by Caron Beaton-Wells (Editor), Christopher Tran (Editor)

Overview

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 is a critique of the almost universal adoption and zealous defense of leniency by competition authorities. The book charts the origins of and impetuses for the leniency movement, while capturing key insights from academic research and practical experience relating to the operation and effectiveness of leniency policies. It examines leniency from the perspectives of corporate and individual applicants, advisers, and authorities. It also explores the debates surrounding the intersections between leniency and other crucial elements of the enforcement system, such as compensation, compliance, and criminalization. The rich analysis draws on the disciplines of law, regulation, economics, criminology. and political science. 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. *** "...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..." - From the Foreword by Professor Frederic Jenny (Series: Hart Studies in Competition Law, Vol. 10) [Subject: Competition Law, Business Law, Economics, Criminal Law]

Product Details

ISBN-13:	9781849466905
Publisher:	Hart Publishing (UK)
Publication date:	09/24/2015
Series:	Hart Studies in Competition Law , #10
Pages:	360
Product dimensions:	6.70(w) x 9.80(h) x 1.20(d)

Table of Contents

Foreword Frederic Jenny v

List of Contributors xi

Part I Introduction

1 Leniency Policies: Revolution or Religion? Caron Beaton-Wells 3

Part II Leniency Convergence and Divergence

2 Leadership of Leniency Ann O'Brien 17

3 Leniency Policy with Chinese Characteristics Mark Williams 33

Part III Leniency and the Competition Authority

4 What do we know about the Effectiveness of Leniency Policies? Survey of the Empirical and Experimental Evidence Catarina Marvão Giancarlo Spagnolo 57

5 Anti-Cartel Enforcement in Japan: Does Leniency Make the Difference? Steven Van Uytsel 81

6 Leniency, Profiling and Reverse Profiling in Multi-Product Markets: Strategic Challenges for Competition Authorities Leslie M Marx Claudio Mezzetti 107

7 A Case for Capping the Dosage: Leniency and Competition Authority Governance William E Kovacic 123

Part IV Leniency and the Corporation

8 Leniency Decision-Making from a Corporate Perspective: Complex Realities Andreas Stephan Ali Nikpay 139

9 Leniency: The Poisoned Chalice or the Pot at the End of the Rainbow? Ian S Forrester Pascal Berghe 159

10 Reconditioning Corporate Leniency: The Possibility of Making Compliance Programmes a Condition of Immunity Brent Fisse 179

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 209

Part VI Leniency and Crime

12 Leniency and Criminal Sanctions in Anti-Cartel Enforcement: Happily Married or Uneasy Bedfellows? Christopher Harding Caron Beaton-Wells Jennifer Edwards 233

Part VII Leniency and Compensation

13 Why Leniency does not Undermine Compensation Daniel A Crane 263

14 Leniency and the Two Faces of Janus: Where Public and Private Enforcement Merge and Converge Laura Guttuso 273

Part VIII Leniency and Compliance

15 The Air Cargo Cartel: Lessons for Compliance Howard Bergman D Daniel Sokol 301

16 Combining Leniency Policies and Compliance Programmes to Prevent Cartels Joe Murphy 315

Index 335