Hong Kong’s Leniency Policy and Its Potential to Deter Cartels

By Sandra Marco Colino (The Chinese University of Hong Kong)

The present chapter assesses the design and characteristics of leniency in Hong Kong, and discusses the policy’s suitability to tackle cartels in the city. It explores the special characteristics of the budding regime. The potential strengths and shortcomings of the regime are also discussed, with a view to influencing policy development in the first years of the application of the law. The analysis hereby conducted should prove helpful for lawyers representing companies or individuals who decide to seek immunity, and for leniency applicants themselves. The chapter consists of three main parts. Part 1 covers the main features of the HKCO. Part 2 discusses how cartels have been dealt with in Hong Kong to date. Part 3 explains the leniency policy chiselled out by the HKCC. Part 5 concludes.

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