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 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 ... '

Product Details

ISBN-13:	9781849466905
Publisher:	Bloomsbury Academic
Publication date:	09/24/2015
Series:	Hart Studies in Competition Law , #10
Pages:	360
Product dimensions:	6.69(w) x 9.61(h) x 0.81(d)

About the Author

Caron Beaton-Wells is a Professor at the Melbourbane Law School, University of Melbourbane.
Christopher Tran is a barrister at the Victorian Bar, Australia.

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

Editorial Reviews

Anti-Cartel Enforcement in a Contemporary Age constitutes a very valuable volume. It challenges the too easily accepted assumptions concerning leniency and it explores many of the under-analysed questions relating to leniency's place in the broader system of enforcement. It warrants a careful read of policy-makers, competition authorities' officials and practitioners alike.” —Concurrences

“Profs Beaton-Wells and Tran assembled first-rate authors, and superbly structured the book's chapters, succeeding in making this book a must-read for both practitioners and scholars of the antitrust/competition.” —Symposium: Antritrust and Competition Policy Blog

“...an interesting, timely, and important book. There is a tremendous variety of economic, legal, philosophical, and practical perspectives on the role of leniency policies in modern cartel enforcement in the U.S., the EU, and in other jurisdictions.” —Symposium: Antritrust and Competition Policy Blog

“...the 16 chapters [the book] comprises are not only uniformly excellent, but they raise the right questions...It should figure on the reading list of all competition law enforcers and practitioners.” —Symposium: Antritrust and Competition Policy Blog

“Nothing can detract form the excellent job all the contributors and the editors do in critically discussing the practical issues of leniency programmes...The book is a strongly recommended purchase for all academics and practitioners interested in antitrust enforcement issues.” —Symposium: Antritrust and Competition Policy Blog

“Kudos to the editors and authors of [this work] for producing such an interesting, timely, and important book. There is a tremendous variety of economic, legal, philosophical, and practical perspectives on the role of leniency policies in modern cartel enforcement...Any practitioner, enforcement official, or academic involved or interested in cartel enforcement and the role of leniency will want to read this book.” —World Competition Law and Economics Review

From the Publisher