Leniency in Asian Competition Law

Author: Steven Van Uytsel; Mark Fenwick; Yoshiteru Uemura
Publisher: Cambridge University Press
ISBN: 9781009152709
Published In: September 2022
Format: Hardback
Jurisdiction: Japan ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Part I. Introduction:

1. Leniency in Asian Competition Law

Steven Van Uytsel, Mark Fenwick and Yoshiteru Uemura

Part II. Leniency In Historical, International and Theoretical Context:

2. The Development of the Leniency Programmes of the US Department of Justice and the European Commission

Baskaran Balasingham

3. International Guidelines and Best Practices on Leniency Programmes: Decontextualised Summaries of Local Practices

Steven Van Uytsel

4. Situating Leniency

Mark Fenwick

Part III. Leniency Programmes In Selected Asian Jurisdictions:

5. The Original Leniency Programme of Japan: Law Making in the Shadow of Lobbying, Political Pressure and Legal Constraints