Leniency Policies in Anti-Cartel Enforcement : Critical Review Is Well Overdue

Leniency policies are seen as having revolutionised anti-cartel law enforcement around the world. However, the approach taken to these policies has the hallmarks of religion as much as revolution. A growing body of research and practical experience suggests that caution is warranted in predicting the long term sustainability and effectiveness of leniency instruments. It is also time that the potentially counterproductive effects of leniency policies on other facets of the enforcement system, such as private actions, settlements, criminalisation and compliance, be scrutinised