Leniency in Asian competition law / edited by Steven Van Uytsel, Kyushu University, Mark Fenwick, Kyushu University, Yoshiteru Uemura, Hannan University.

Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2022.
1 online resource (xviii, 465 pages) : digital, PDF file(s).


Summary note
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.
Title from publisher's bibliographic system (viewed on 28 Sep 2022).
  • Leniency in Asian competition law / Steven Van Uytsel, Mark Fenwick, and Yoshiteru Uemura
  • The development of the leniency programmes of the US Department of Justice and the European Commission / Baskaran Balasingham
  • International guidelines and best practices on leniency programmes : decontextualised summaries of local practices / Steven Van Uytsel
  • Situating leniency / Mark Fenwick
  • The original leniency programme of Japan : law making in the shadow of lobbying, political pressure, and legal constraints / Steven Van Uytsel
  • Negotiated leniency in Japan embedded in ever increasing sanctions : a deterrence perspective / Steven Van Uytsel and Yoshiteru Uemura
  • The law and policy on cartels and leniency in Korea / Yo Sop Choi
  • The leniency programme in Taiwan : enforcement experience, effectiveness assessment, and future challenges / Andy C.M. Chen
  • The state administration for market regulation and its leniency programme : infusing a dose of trust and predictability / Ying Bi and Steven Van Uytsel
  • Leniency policy in Singapore / Scott Clements and Daren Shiau
  • The leniency programme in Malaysia' competition regime : a critical evaluation / Cassey Lee
  • Hong Kong's revised leniency policy and its potential to deter cartels / Sandra Marco Colino
  • The leniency programme under the Indian competition law / Nikita Koradia, Kiran Manokaran, and Juhi Hirani
  • Cartel defection in the Philippines through leniency : incentives jeopardised by discretionary decision making power / Alizedney M. Ditucalan and Steven Van Uytsel
  • The absence of a leniency programme in Thai competition law / Ploykaew Porananond
  • Leniency programmes in Asia : convergence, divergence, and distinctiveness / Steven Van Uytsel, Mark Fenwick, and Yoshiteru Uemura.
9781009152693 (ebook)
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