Approach to the Implementation of Leniency Programs as Competition Law Instruments

By Jesús Alfonso Soto Pineda Sr. (Universidad Externado de Colombia)

After the systematic and structured review of relevant literature, this article shows, as a market reality, the existence of anticompetitive agreements. Leniency Programs are effective instruments of Law widely used in fighting against cartels and collusive practices. The comparative study of a selection of territories that have implemented Leniency Programs reveals the problems that normally affect this system and the solutions applied in order to improve its efficiency. The knowledge acquired through experiences of countries that have implemented Leniency Programs, must be used to avoid the waste of resources and efforts, the opposite would mean an act of obstinacy. This Article pretends to introduce this subject to those countries and territories that are starting the inclusion of Leniency Programs into its Statutory Law with the aim of motivate its implementation from a more advanced starting point.

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