Criminal cartel cases in the U.S. are at modern lows, spurring questions as to whether the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (ACPERA) and the Antitrust Division's criminal enforcement program continue to be effective and, if not, why not? In this Chapter, we offer...

This comment is submitted in response to the Dominican Republic National Commission for the Defense of Competition's (“Procompetencia”) public consultation on the Proposed Regulation for the Establishment of a System for Reduction of Sanctions for Cooperation in Cartel Investigations. The...

The European Commission introduced in its 2006 revision of the Leniency programme the concept of ‘marker' which is a temporary protection for potential leniency applicants while they prepare a full leniency application. The object of the marker is to grant companies some predictability on the...

The proliferation of competition law has led to the emergence of a myriad of new antitrust regimes, most of which have less than 25 years of enforcement experience. Young jurisdictions display an inclination to adopt leniency programs, an investigative tool used in veteran antitrust systems...

This paper examines the effects of European Commission's (EC) new leniency program on the EC's capabilities in detecting and deterring cartels. As a supplementary analysis, the US leniency is studied. I discuss a dynamic model of cartel formation and dissolution to illustrate how changes in...

We analyze how leniency affects cartel pricing in an infinitely-repeated oligopoly model where the fine rates are linked to illegal gains and detection probabilities depend on the degree of collusion. A novel aspect of this study is that we focus on the worst possible outcome. We investigate the...

Since 2003, the prosecution of hardcore cartels has been a top priority in Brazil. The Leniency Program in Brazil has been one of the most important investigative tools for detecting collusive conduct among competitors. The Leniency Program has exhibited some breakthroughs achieved in terms of...

The paper gives an overview of the South African Corporate Leniency Policy which is a whistleblowing tool used by Competition agencies to detect and punish cartel behaviour. The leniency applicant provides vital information to the competition authorities to fulfil the needs of this Policy. This...

Cartels are generally acknowledged as one of the most serious forms of anti-competitive behaviour between competitors. Due to the fact that competition authorities have faced difficulties in enforcing their competition policy with respect to cartels, the leniency program represents a legal,...