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Anti-Cartel Enforcement in a Contemporary Age

Leniency Religion

Editor(s): Caron Beaton-Wells, Christopher Tran
Media of Anti-Cartel Enforcement in a Contemporary Age
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Published: 24-09-2015
Format: Hardback
Edition: 1st
Extent: 360
ISBN: 9781849466905
Imprint: Hart Publishing
Series: Hart Studies in Competition Law
Dimensions: 244 x 169 mm
RRP: £95.00
Online price : £85.50
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Loren Epson

About Anti-Cartel Enforcement in a Contemporary Age

Leniency policies are seen as a revolution in contemporary anti-cartel law enforcement. Unique to competition law, these policies are regarded as essential to detecting, punishing and deterring business collusion – conduct that subverts competition at national and global levels. Featuring contributions from leading scholars, practitioners and enforcers from around the world, this book probes the almost universal adoption and zealous defence of leniency policies by many competition authorities and others. It charts the origins of and impetuses for the leniency movement, captures key insights from academic research and practical experience relating to the operation and effectiveness of leniency policies and examines leniency from the perspectives of corporate and individual applicants, advisers and authorities. The book also explores debates surrounding the intersections between leniency and other crucial elements of the enforcement system such as compensation, compliance and criminalisation. The rich critical analysis in the book draws on the disciplines of law, regulation, economics and criminology. It makes a substantial and distinctive contribution to the literature on a topic that is highly significant to a wide range of actors in the field of competition law and business regulation generally.

From the Foreword by Professor Frédéric Jenny

' … fundamental questions are raised and thoroughly discussed in this book which is undoubtedly the most comprehensive scholarly work on leniency policies produced so far … [the] book should be required reading for all seeking to acquire a deeper insight into the issues related to leniency policy. It is a priceless contribution ... '

Table Of Contents

Part I: Introduction
1. Leniency Policies: Revolution or Religion? Caron Beaton-Wells
Part II: Leniency Convergence and Divergence
2. Leadership of Leniency
Ann O'Brien
3. Leniency Policy with Chinese Characteristics
Mark Williams
Part III: Leniency and the Competition Authority
4. What do we know about the Effectiveness of Leniency Policies? A Survey of the Empirical and Experimental Evidence
Catarina Marvão and Giancarlo Spagnolo
5. Anti-Cartel Enforcement in Japan: Does Leniency Make the Difference?
Steven Van Uytsel
6. Leniency, Profiling and Reverse Profiling in Multi-Product Markets: Strategic Challenges for Competition Authorities
Leslie M Marx and Claudio Mezzetti
7. A Case for Capping the Dosage: Leniency and Competition Authority Governance
William E Kovacic
Part IV: Leniency and the Corporation
8. Leniency Decision-Making from a Corporate Perspective: Complex Realities
Andreas Stephan and Ali Nikpay
9. Leniency: The Poisoned Chalice or the Pot at the End of the Rainbow?
Ian S Forrester and Pascal Berghe
10. Reconditioning Corporate Leniency: The Possibility of Making Compliance Programmes a Condition of Immunity
Brent Fisse
Part V: Leniency and the Individual
11. Leniency, Whistle-Blowing and the Individual: Should We Create Another Race to the Competition Agency?
Maurice E Stucke
Part VI: Leniency and Crime
12. Leniency and Criminal Sanctions in Anti-Cartel Enforcement: Happily Married or Uneasy Bedfellows?
Christopher Harding, Caron Beaton-Wells and Jennifer Edwards
Part VII: Leniency and Compensation
13. Why Leniency does not Undermine Compensation
Daniel A Crane
14. Leniency and the Two Faces of Janus: Where Public and Private Enforcement Merge and Converge
Laura Guttuso
Part VIII: Leniency and Compliance
15. The Air Cargo Cartel: Lessons for Compliance
Howard Bergman and D Daniel Sokol
16. Combining Leniency Policies and Compliance Programmes to Prevent Cartels Joe Murphy


Anti-Cartel Enforcement in a Contemporary Age constitutes a very valuable volume. It challenges the too easily accepted assumptions concerning leniency and it explores many of the under-analysed questions relating to leniency's place in the broader system of enforcement. It warrants a careful read of policy-makers, competition authorities' officials and practitioners alike.” –  Marek Martyniszyn, Concurrences

“Profs Beaton-Wells and Tran assembled first-rate authors, and superbly structured the book's chapters, succeeding in making this book a must-read for both practitioners and scholars of the antitrust/competition.” –  Toshiaki Takigawa, Symposium: Antritrust and Competition Policy Blog

“ interesting, timely, and important book. There is a tremendous variety of economic, legal, philosophical, and practical perspectives on the role of leniency policies in modern cartel enforcement in the U.S., the EU, and in other jurisdictions.” –  Spencer Waller, Symposium: Antritrust and Competition Policy Blog

“...the 16 chapters [the book] comprises are not only uniformly excellent, but they raise the right questions...It should figure on the reading list of all competition law enforcers and practitioners.” –  Damien Geradin, Symposium: Antritrust and Competition Policy Blog

“Nothing can detract form the excellent job all the contributors and the editors do in critically discussing the practical issues of leniency programmes...The book is a strongly recommended purchase for all academics and practitioners interested in antitrust enforcement issues.” –  Florian Wagner von Papp, Symposium: Antritrust and Competition Policy Blog

“Kudos to the editors and authors of [this work] for producing such an interesting, timely, and important book. There is a tremendous variety of economic, legal, philosophical, and practical perspectives on the role of leniency policies in modern cartel enforcement...Any practitioner, enforcement official, or academic involved or interested in cartel enforcement and the role of leniency will want to read this book.” –  Spencer Weber Waller, World Competition Law and Economics Review

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