Wednesday, May 9, 2018

The Decline and Fall of the Leniency Programme in Europe

Johan Ysewyn, Covington & Burling LLP and Siobhan Kahmann, Covington & Burling follow The Decline and Fall of the Leniency Programme in Europe.

ABSTRACT: The authors explore the reasons behind the reduction in immunity applications for cartels in Europe. This confirms the Commission’s reliance on immunity applications to uncover cartels, discusses the features of the current regime for applicants in detail, and assesses whether the benefits and disadvantages of the immunity regime have changed over time. The analysis is based on a number of original and new statistics tracing the relative dependence on, and alleged benefits of, the European immunity regime. These have been compiled based on the Commission’s cartel infringement decisions over recent years.

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