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Leniency in Asian Competition Law

Edited by: Steven Van Uytsel, Mark Fenwick, Yoshiteru Uemura

ISBN13: 9781009152709
To be Published: October 2022
Publisher: Cambridge University Press
Country of Publication: Japan
Format: Hardback
Price: £95.00



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.

Subjects:
Competition Law, Other Jurisdictions , Asia
Contents:
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
Steven Van Uytsel
6. Negotiated Leniency in Japan Embedded in Ever Increasing Sanctions: A Deterrence Perspective
Steven Van Uytsel and Yoshiteru Uemura
7. The Law and Policy on Cartels and Leniency in Korea
Yo Sop Choi
8. The Leniency Programme in Taiwan: Enforcement Experience, Effectiveness Assessment, and Future Challenges
Andy C. M. Chen
9. The State Administration for Market Regulation and its Leniency Programme: Infusing a Dose of Trust and Predictability
Ying Bi and Steven Van Uytsel
10. Leniency Policy in Singapore
Scott Clements and Daren Shiau
11. The Leniency Programme in Malaysia's Competition Regime: A Critical Evaluation
Cassey Lee
12. Hong Kong's Revised Leniency Policy and its Potential to Deter Cartels
Sandra Marco Colino
13. The Leniency Programme under the Indian Competition Law
Nikita Koradia, Kiran Manokaran and Juhi Hirani
14. Cartel Defection in the Philippines Through Leniency: Incentives Jeopardised by Discretionary Decision Making Power
Alizedney M. Ditucalan and Steven Van Uytsel
15. The Absence of a Leniency Programme in Thai Competition Law
Ploykaew Porananond
Part IV. Concluding Remarks:
16. Leniency Programmes in Asia: Convergence, Divergence and Distinctiveness
Steven Van Uytsel, Mark Fenwick and Yoshiteru Uemura
Bibliography
Index