Leniency in Asian Competition Law

The first empirical analysis of leniency programmes implemented in Asian countries to enforce the anti-cartel provisions of their competition law.

Steven Van Uytsel (Edited by), Mark Fenwick (Edited by), Yoshiteru Uemura (Edited by)

9781009152709, Cambridge University Press

Hardback, published 22 September 2022

360 pages
23.6 x 15.9 x 3.2 cm, 0.849 kg

'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

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.

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.

Subject Areas: Competition law / Antitrust law [LNCH], Private international law & conflict of laws [LBG], Comparative law [LAM], Economics of industrial organisation [KCD]