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Cartel Prosecution and Leniency Programs

Cartel Prosecution and Leniency Programs
Author: Philipp Festerling
Publisher:
Total Pages: 0
Release: 2008
Genre:
ISBN:

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The paper explores the interdependencies between corporate and individual leniency programs. In a duopoly model where corporations are separated into representing owners and operating managers, conflicts between the two types of agents arise if the relative benefits of participating in the corresponding leniency programs differ. As an example of what might cause differing relative benefits, the paper considers the inclusion of damage payments for owners which are not covered by the corporate leniency program. The main findings are: (1) Individual leniency applications are never observed. (2) Threats by managers to apply for individual leniency may, however, increase the owners' incentive to carry out corporate self-reports. (3) In other cases, the individual leniency program increases the owners' tolerance for cartel activity for two reasons: Either the corporate leniency program is sufficiently unattractive to the owners, or the owners rely on the option to apply for corporate leniency after the Antitrust Authority has opened a case. (4) Finally, the more distortion decreases, the more ineffective the individual leniency program becomes.


Fighting Hard-core Cartels Harm, Effective Sanctions and Leniency Programmes

Fighting Hard-core Cartels Harm, Effective Sanctions and Leniency Programmes
Author: OECD
Publisher: OECD Publishing
Total Pages: 102
Release: 2002-05-29
Genre:
ISBN: 9264174990

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This book contributes to the existing knowledge about the extent of cartels' overcharges and other harm to businesses and consumers worldwide, and sheds light on new and effective "leniency programmes", as well as on optimal sanctions in cartel cases.


Global Cartels Handbook

Global Cartels Handbook
Author: Samantha Mobley
Publisher: OUP Oxford
Total Pages: 963
Release: 2011-12-08
Genre: Law
ISBN: 0191634905

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In recent years cartel regulation has become a key priority for competition authorities around the globe resulting in a proliferation of immunity and leniency programmes. Competition authorities are constantly developing and revising their approaches to cartel regulation and introducing new mechanisms for businesses to report cartels, seek immunity and gain leniency. The need for businesses and their advisers to be able to identify and manage their global risk exposure is more pressing than ever before. The Global Cartels Handbook addresses this pressing need by providing a comparative analysis of immunity and leniency programmes for legal practitioners and corporate counsel. It consists of a comparative introduction which identifies some of the key features of the main jurisdictions and provides some of the strategic pointers to the most appropriate forums in which to seek leniency. A quick reference guide gives a tabular country-by-country overview of the leniency programmes in place around the world. This is followed by a detailed point-by-point description of each leniency programme, with reference to all key case law throughout, under a set of headings which are templated across each country chapter. This template format allows for ease of reference and consistency of information and provides essential practical information for filing a leniency application.


Nearly 16 Years of the Leniency Program in Brazil

Nearly 16 Years of the Leniency Program in Brazil
Author: Amanda Athayde
Publisher:
Total Pages: 9
Release: 2016
Genre:
ISBN:

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Since 2003, the prosecution of hardcore cartels has been a top priority in Brazil. The Leniency Program in Brazil has been one of the most important investigative tools for detecting collusive conduct among competitors. The Leniency Program has exhibited some breakthroughs achieved in terms of the amount of new leniency agreements signed, the use of innovative tools and the reliability of CADE's procedures. Those results increase CADE's responsibility to be effective in the execution of its Leniency Program, as well as to be prepared to address new challenges that are on their way.


Corporate Leniency Programs When Firms Have Private Information

Corporate Leniency Programs When Firms Have Private Information
Author: Joseph E. Harrington Jr
Publisher:
Total Pages: 0
Release: 2013
Genre:
ISBN:

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A corporate leniency program provides relief from government penalties to the first member of a cartel to cooperate with the authorities. This study explores the incentives to apply for leniency when each cartel member has private information as to the likelihood that the competition authority will be able to convict them without a cooperating firm. A firm may apply for leniency because it fears being convicted ('prosecution effect') or because it fears another firm will apply ('pre-emption effect'). Policies by the competition authority to magnify concerns about pre-emption - and thereby induce greater use of the leniency program - are also explored.


Prosecution and Leniency Programs

Prosecution and Leniency Programs
Author: Julien Sauvagnat
Publisher:
Total Pages: 0
Release: 2015
Genre:
ISBN:

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This paper characterizes the optimal investigation and leniency policies when the Competition Authority is privately informed about the strength of a cartel case. I show that the Competition Authority can then exploit firms' uncertainty about the risk of conviction to obtain confessions even when the case is weak. More generally, I show that offering full leniency allows the Competition Authority to open more successful investigations (what I refer to as the 'activism effect' of leniency), which overall raises both cartel desistance and cartel deterrence. Finally, I discuss the policy implications of the model.


The Impact of a Corporate Leniency Program on Antitrust Enforcement and Cartelization

The Impact of a Corporate Leniency Program on Antitrust Enforcement and Cartelization
Author:
Publisher:
Total Pages:
Release: 2008
Genre:
ISBN:

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To explore the efficacy of a corporate leniency program, a Markov process is constructed which models the stochastic formation and demise of cartels. Cartels are born when given the opportunity and market conditions are right, while cartels die because of internal collapse or they are caught and convicted by the antitrust authority. The likelihood that a cartel, once identified, is convicted depends inversely on the caseload of the antitrust authority due to an implicit resource constraint. The authority also chooses an enforcement policy in terms of the fraction of non-leniency cases that it prosecutes. Using numerical analysis, the impact of a leniency program on the steady-state cartel rate is investigated. Holding the enforcement policy of the antitrust authority fixed, a leniency program lowers the frequency of cartels. However, the additional caseload provided by the leniency program induces the antitrust authority to prosecute a smaller fraction of cartel cases identified outside of the program. Because of this less aggressive enforcement policy, it is possible that the cartel rate is higher when there is a leniency program.


Handbook of Antitrust Economics

Handbook of Antitrust Economics
Author: Paolo Buccirossi
Publisher:
Total Pages: 716
Release: 2008-03-21
Genre: Business & Economics
ISBN:

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Experts examine the application of economic theory to antitrust issues in both the United States and Europe, discussing mergers, agreements, abuses of dominance, and the impact of market features. Over the past twenty years, economic theory has begun to play a central role in antitrust matters. In earlier days, the application of antitrust rules was viewed almost entirely in formal terms; now it is widely accepted that the proper interpretation of these rules requires an understanding of how markets work and how firms can alter their efficient functioning. The Handbook of Antitrust Economics offers scholars, students, administrators, courts, companies, and lawyers the economist's view of the subject, describing the application of newly developed theoretical models and improved empirical methods to antitrust and competition law in both the United States and the European Union. (The book uses the U.S. term “antitrust law” and the European “competition law” interchangeably, emphasizing the commonalities between the two jurisdictions.) After a general discussion of the use of empirical methods in antitrust cases, the Handbook covers mergers, agreements, abuses of dominance (or unilateral conducts), and market features that affect the way firms compete. Chapters examine such topics as analyzing the competitive effects of both horizontal and vertical mergers, detecting and preventing cartels, theoretical and empirical analysis of vertical restraints, state aids, the relationship of competition law to the defense of intellectual property, and the application of antitrust law to “bidding markets,” network industries, and two-sided markets. Contributors Mark Armstrong, Jonathan B. Baker, Timothy F. Bresnahan, Paulo Buccirossi, Nicholas Economides, Hans W. Friederiszick, Luke M. Froeb, Richard J. Gilbert, Joseph E. Harrington, Jr., Paul Klemperer, Kai-Uwe Kuhn, Francine Lafontaine, Damien J. Neven, Patrick Rey, Michael H. Riordan, Jean-Charles Rochet, Lars-Hendrick Röller, Margaret Slade, Giancarlo Spagnolo, Jean Tirole, Thibaud Vergé, Vincent Verouden, John Vickers, Gregory J. Werden