Competition

Challenges and co-ordination of leniency programmes

 

Amnesty or leniency programmes are deemed to be working generally well in many jurisdictions. Still, many agencies report that their programmes have not yet reached their full potential. Indicatively, agencies mention the following challenges:

  • a lower-than-hoped for number of leniency applications;
  • low awareness of competition requirements and leniency options and procedures;
  • opaque procedural steps to apply for and be granted leniency;
  • low incentives to co-operate with competition authorities.

Optimising the design and organisation of leniency programmes is important for their success over time, especially in cases of parallel leniency applications to several jurisdictions where enforcement co-ordination can be crucial. Currently, many jurisdictions are in the process of assessing the effectiveness of their leniency system and considering means to improve it, increase its attractiveness for potential applicants and strengthen co-operation with other agencies in cross-border cartel cases.

In June 2018, the OECD held a roundtable to discuss the challenges to which amnesty/leniency programmes are exposed and proposals for improvementsThis page contains all materials available. 

Access the full list of Competition Policy Roundtables.

 

Key papers and invited speakers

 

Catarina MARVÃO [Bio]  
Assistant Lecturer, Department of Accounting and Finance, Dublin Institute of Technology presenting Challenges to the EU Leniency Program: Leniency Inflation, Strategic use of leniency and Private damage claims

 

Scott HAMMOND [Bio]  
Partner, Gibson Dunn, US

 

Brent SNYDER [Bio]  
Chief Executive Officer, Competition Commission of Hong Kong, China presenting Challenges to Leniency Posed by the Proliferation of Leniency Programs and Private Enforcement

 

 

Session materials

 

» OECD Background Note • Note de référence de l'OCDE 

»  Summary of contributions 

 

Countributions from participating delegations

Australia

BIAC

Brazil

Canada

Chile

Chinese Taipei

Colombia

Croatia

EU

Hungary

Israel

Japan

Korea

Latvia

Lithuania

Mexico

Peru

Poland

Portugal

Russia

Singapore

Spain

Ukraine

United States

United Kingdom

About the discussion

 

Challenges to effective co-operation

Tips on effective leniency programmes

 

Posssible reasons for downturn in applications

Australia & New Zealand's co-operation

Germany's leniency experience  

Costs of leniency applications

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PRESENTATIONS

 

 

 

 

RELATED BEST PRACTICE ROUNDTABLES

Competition and the use of markers in leniency programmes (2014)

Leniency for Subsequent Applicants (2012)

RELATED TOPICS

Cartels and anti-competitive agreements

International co-operation in competition

Fighting bid rigging in public procurement

Access the full list of Competition Policy Roundtables

Link to the  OECD Competition Home Page  

 

 

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