Monday, September 21, 2015

The State of Leniency Programs

Leniency Programs in Cartel Enforcement

  1. Rein Wesseling, Sep 16, 2015

    Confession Consequences in a Crowded Investigative Environment: Complexities in Cooperation with Multiple Authorities in Cartel Investigations

    The accumulation of multiple authorities' discretion in leniency-based settlement procedures itself raises further questions about due process, transparency, and accountability. Rein Wesseling (Stibbe N.V.)

  2. Marcelo Calliari, Sep 16, 2015

    Criminalization of Cartels and Leniency: An Exercise in Complexity

    If more enforcement and stiffer penalties from multiple agencies may act as a stimulus for companies and individuals to cooperate, excessive complexity, lack of coordination, and risk of cross-exposure can disincetivize potential applicants. Marcelo Calliari  (TozziniFreire Advogados)

  3. John M. Connor, Sep 16, 2015

    The Rise of ROW Anti-Cartel Enforcement

    Although the recent growth of cartel fines in the ROW is impressive, there are at least three important differences between these authorities and the more established antitrust agencies. John Connor (Purdue Univ.)

  4. Marc Abenhaim, Kristina Nordlander, Stephen Spinks, Sep 16, 2015

    To Settle or Not To Settle After Timab

    All in all, the interdependence between the different forms of cooperation unavoidably raises the stakes for the parties and ultimately locks them in an “all or nothing” logic. Marc Abenhaïm, Kristina Nordlander, & Stephen Spinks (Sidley Austin LLP)

  5. Romina Polley, Sep 16, 2015

    Is the Continued Success of Leniency in Cartel Cases in Danger? Some Comments from a Private Practitioner’s Perspective

    Companies are already weighing more carefully than ever the pros and cons of applying for leniency—a trend that will likely continue in the future as the risks and frustrations of cooperation with the authorities increase. Romina Polley (Cleary Gottlieb)

  6. Madoka Shimada, Sumito Nakano, Sep 16, 2015

    Japanese Leniency Program—Issues to be Considered

    There are some aspects in which the applicant’s interests may not be sufficiently protected, given the unique aspects of cartel investigations and leniency procedures in Japan. Madoka Shimada & Sumito Nakano (Nishimura & Asahi)

  7. Marcin Trepka, Sep 16, 2015

    Leniency—What Exactly are the Implications for the Applying Undertaking in the European Union?

    On the basis of the above-mentioned general SWOT analysis of leniency policy it seems that the weaknesses and threats of participating in a leniency program still score high. Marcin Trepka (K&L Gates)


Of Special Interest

  1. James Rill, Sep 16, 2015

    The Evolution of U.S. Antitrust Agencies’ Approach to Standards and Standard Essential Patents: From Enforcement to Advocacy

    Advocacy must be based on sound factual and economic analysis and correct legal principles—there is a serious question whether agency advocacy concerning SSOs and essential patents satisfies these criteria. James F. Rill (Baker Botts)

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