Antitrust Chronicle – 25 Years of Leniency… Where Do Things Stand?

Antitrust Chronicle – 25 Years of Leniency… Where Do Things Stand?

Dear Readers, It is generally accepted that leniency programs are an important and effective tool in the fight against cartels. That is the starting point of this month’s CPI Chronicle. But from this starting point, many questions and topics of discussion arise. 1993 and 1994 marked important early years in the enforcement of cartels…the U.S. […]

“Leniency Plus” and its Potential Minuses

“Leniency Plus” and its Potential Minuses

By Tara L. Reinhart –  Many companies avail themselves of the Antitrust Division’s “leniency plus” policy. Leniency plus allows companies pleading guilty to price-fixing of one product to receive a significantly reduced fine if, at the same time, they obtain leniency for reporting illegal conduct related to one or more additional products. The benefits are […]

The Future of Cartel Deterrence and Detection

The Future of Cartel Deterrence and Detection

By Rosa M. Abrantes-Metz & Albert D. Metz –  Over the last few decades, leniency programs recorded a successful history of identifying and dismantling cartels. But can authorities continue to almost exclusively depend on leniency programs going forward? In this short paper we explore the role of leniency programs in the next generation of cartel […]

Leniency Will Remain an Essential Part of The EU’s Cartel Enforcement Toolkit

Leniency Will Remain an Essential Part of The EU’s Cartel Enforcement Toolkit

By Alexandros Papanikolaou –  This contribution offers thoughts on the evolving debate in antitrust circles on a perceived decline in the numbers of leniency applications for cartel infringements in major jurisdictions, and in particular the EU. Leniency has obvious benefits for companies and leniency programs in Europe have produced many examples of successful enforcement, but […]

The U.S. Corporate Leniency Policy: It is Time for a Renaissance

The U.S. Corporate Leniency Policy: It is Time for a Renaissance

By Donald C. Klawiter –  This article reviews the history and success of the Leniency Policy and the actions that have caused the apparent decline in leniency and antitrust criminal enforcement. It then offers three recommendations to revive and renew the Policy: (1) establishing a constructive dialogue between the Division leaders and cartel defense bar […]

Why Acpera isn’t Working and How to Fix it

Why Acpera isn’t Working and How to Fix it

By John M. Taladay –  The uncertainty surrounding ACPERA’s benefits have limited its impact. The statute is ineffective before trial, when the vast majority of antitrust civil matters are resolved. If the leniency program and ACPERA are to continue to be effective tools in cartel enforcement, an amendment to the ACPERA statute is necessary. Creating […]

Implications of Regional Cooperation on Country Specific Corporate Leniency Policies

Implications of Regional Cooperation on Country Specific Corporate Leniency Policies

By Mfundo Ngobese –  A good corporate leniency program together with a less unified industry, where firms tend to cheat on the cartel arrangement, could be a good recipe for initial significant filings of leniency applications. The ability of a competition authority to detect and obtain information independently is, in no small measure, a contributing […]

25 Years of Leniency Programs: A Turning Point in Cartel Prosecution

25 Years of Leniency Programs: A Turning Point in Cartel Prosecution

By Joan-Ramon Borrell, Carmen García, Juan Luis Jiménez & José Manuel Ordóñez de Haro –  This contribution reviews what we know about the effectiveness of leniency or amnesty programs in cartel prosecutions. Leniency programs have gradually been adopted by as many as 53 competition policy jurisdictions around the globe during the last 25 years. We […]

Leniency Carrots and Cartel Sticks – A Practitioners’ View on Recent Trends and Challenges Presented by The EU Leniency Program

Leniency Carrots and Cartel Sticks – A Practitioners’ View on Recent Trends and Challenges Presented by The EU Leniency Program

By Christian Ritz & Lorenz Marx –  In the past 25 years, leniency programs have been established in more than 80 jurisdictions across the globe. The overall purpose of such programs is to create incentives for cartelists to “blow the whistle” and to fully cooperate with the authorities to uncover and sanction the cartel. Leniency […]