The Impact of a Corporate Leniency Program on Antitrust Enforcement and Cartelization

The Impact of a Corporate Leniency Program on Antitrust Enforcement and Cartelization
Author:
Publisher:
Total Pages:
Release: 2008
Genre:
ISBN:

To explore the efficacy of a corporate leniency program, a Markov process is constructed which models the stochastic formation and demise of cartels. Cartels are born when given the opportunity and market conditions are right, while cartels die because of internal collapse or they are caught and convicted by the antitrust authority. The likelihood that a cartel, once identified, is convicted depends inversely on the caseload of the antitrust authority due to an implicit resource constraint. The authority also chooses an enforcement policy in terms of the fraction of non-leniency cases that it prosecutes. Using numerical analysis, the impact of a leniency program on the steady-state cartel rate is investigated. Holding the enforcement policy of the antitrust authority fixed, a leniency program lowers the frequency of cartels. However, the additional caseload provided by the leniency program induces the antitrust authority to prosecute a smaller fraction of cartel cases identified outside of the program. Because of this less aggressive enforcement policy, it is possible that the cartel rate is higher when there is a leniency program.

Criminalization of Competition Law Enforcement

Criminalization of Competition Law Enforcement
Author: K. J. Cseres
Publisher: Edward Elgar Publishing
Total Pages: 369
Release: 2006-01-01
Genre: Law
ISBN: 184720290X

This timely book brings together contributions from prominent scholars and practitioners to the ongoing debate on the criminalization of competition law enforcement. Recognizing that existing remedies and sanctions may be insufficient to deter breaches of competition law, several EU Member States have followed the US example and introduced pecuniary penalties for executives, professional disqualification orders, and even jail sentences. Addressing issues such as unsolved legal puzzles, standard of proof, leniency programs and internal cartel stability, this book is a marker for future policy debate. With perspectives from an international cast of contributors, Criminalization of Competition Law Enforcement will be of great interest to academics and policy makers as well as students and practitioners in law.

The EU Leniency Policy

The EU Leniency Policy
Author: Baskaran Balasingham
Publisher: Kluwer Law International B.V.
Total Pages: 296
Release: 2016-04-24
Genre: Law
ISBN: 9041184805

The European Union (EU) leniency programme is a key weapon in the Commission’s fight against hard-core cartels. Much of the success of EU cartel enforcement depends on the continued effectiveness of the leniency policy and is especially critical in response to the growth of private enforcement. This book offers a comprehensive description of the development of the policy, along with a normative framework that promises to ensure the full legitimacy of the leniency programme: the Commission’s policy should pursue not only effectiveness but also fairness. It is the first work to extensively analyse the effectiveness and fairness in the EU leniency policy. Proceeding systematically from clarifying the concepts of ‘effectiveness’ and ‘fairness’ to addressing the tension between leniency and private actions for damages, the author discusses the nature of, and interrelations among, such aspects as the following: – the theoretical model of the EU fining policy; – the compatibility of the EU enforcement system with fundamental rights protection; – the gathering and evaluation of evidence at the preliminary investigation stage; – the severity and foreseeability of the EU cartel fines; – judicial review by the EU Courts in competition matters; – to what extent the current policy is effective and fair; and – reforms brought about by the 2002 and 2006 Leniency Notices and the leniency-related amendments by the 2014 Antitrust Damages Directive. A key feature is the author’s presentation of a normative framework to test the effectiveness (deterrence) and substantive fairness (retribution) of the EU leniency policy. As a clear demonstration of how to forestall the danger of focusing on effectiveness of leniency at the expense of fairness, both in a substantive and in a procedural sense, this book is a major contribution to the literature of competition law. It will prove to be of great value to competition authorities, antitrust practitioners and interested academics not only in Europe but also throughout the world.

Anti-Cartel Enforcement in a Contemporary Age

Anti-Cartel Enforcement in a Contemporary Age
Author: Caron Beaton-Wells
Publisher: Bloomsbury Publishing
Total Pages: 356
Release: 2015-09-24
Genre: Law
ISBN: 1782259422

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 Frédéric 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 ... '

Competition Rules for the 21st Century

Competition Rules for the 21st Century
Author: Ky Ewing
Publisher: Kluwer Law International B.V.
Total Pages: 762
Release: 2006-01-01
Genre: Law
ISBN: 9041124772

Ky Ewingand’s magisterial work on international competition law is here updated to take stock of the prodigious expansion of anti-cartel enforcement throughout the world in the intervening years. Although the book has been highly regarded as a major reconsideration of the foundations of competition law and policy, it has also proven enormously valuable for its wealth of information and practical guidance. Among its most useful features (some new to the second edition) are the following: and• a vast amount of statistical and other information about public competition law enforcement agencies and their resources around the world; and• in-depth analysis of the differences in competition law regimes and the various economic and legal theories from which they derive; and• detailed attention to jurisprudence and legal commentary over many decades; and• probing of the meaning of and‘lowand’ and and‘fairand’ as applied to prices; and• suggestions for carrying out re-evaluation of policies on the basis of empirical evidence; and• formulation of a model new U.S. competition law preempting state laws; and and• guidelines on distinguishing useful collaboration from collusive activity. Nine new appendices have been added to this edition, covering such informative material as new statistical data about U.S. enforcement, details on the dramatic cooperation now taking place among nations in anti-cartel enforcement, and suggestions on how companies and practitioners should respond to multinational investigations.

Cartelization, Antitrust and Globalization in the US and Europe

Cartelization, Antitrust and Globalization in the US and Europe
Author: Mark S. LeClair
Publisher: Routledge
Total Pages: 198
Release: 2011
Genre: Business & Economics
ISBN: 0415573432

This book provides a comprehensive examination of the history of cartels in the US and Europe and the development of significant new antitrust tools, evaluating how economic forces and globalization have altered the structure of collusion.

Criminal Cartel Enforcement: Stakeholder Views on Impact of 2004 Antitrust Reform are Mixed, but Support Whistleblower Protection

Criminal Cartel Enforcement: Stakeholder Views on Impact of 2004 Antitrust Reform are Mixed, but Support Whistleblower Protection
Author: Eileen R. Larence
Publisher: DIANE Publishing
Total Pages: 76
Release: 2011
Genre: Business & Economics
ISBN: 1437989306

Criminal cartel activity, such as competitors conspiring to set prices, can harm consumers and the U.S. economy through lack of competition and overcharges. The Dept. of Justice (DoJ) leniency program offers the possibility that the first individual or co. that self-reports cartel activity will avoid criminal conviction and penalties. The Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA) encourages such reporting. This report addresses: (1) the extent that ACPERA affected DoJ¿s criminal cartel enforcement; (2) the ways ACPERA has affected private civil actions; and (3) key stakeholder perspectives on rewards and anti-retaliatory protection for whistleblowers reporting antitrust violations. Illus. This is a print on demand report.

Antitrust Amnesty, Game Theory, and Cartel Stability

Antitrust Amnesty, Game Theory, and Cartel Stability
Author: Christopher R. Leslie
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

This paper reviews, and proposes revisions to, the government's Corporate Leniency Policy, which confers leniency upon the first member of a price-fixing cartel to expose the illegal activity to the DOJ's Antitrust Division. Three important limitations apply. First, the ringleader of the cartel is ineligible for immunity. Second, leniency is not automatic if the government has its own internal investigation significantly underway. Third, a firm must confess "promptly" in order to qualify for amnesty. This paper proposes doing away with these limitations. It may seem counter-intuitive to enact policies that make it easier for the worst antitrust criminals to escape all criminal and most civil liability. Yet this paper argues that extending amnesty eligibility to cartel ringleaders (who have often profited the most from the illegal activity, sometimes for decades) makes cartels more fragile. Perhaps even more counter-intuitively, the paper shows that an antitrust leniency program would have a greater destabilizing effect on price-fixing cartels if the first firm to confess receives full amnesty automatically even if it did not do so "promptly" and even though antitrust prosecutors through their own investigation prior to any confession had already acquired sufficient evidence to convict the firm of criminal price-fixing. While the short-term effect would allow some price-fixers to escape criminal liability, in the long-run extending amnesty should increase deterrence of future cartels and destabilize existing ones.