Leniency in Asian Competition Law

ISBN-13: 9781009152709 / Angielski / Twarda / 2022

Steven Van Uytsel; Mark Fenwick; Yoshiteru Uemura

Opis

The first empirical analysis of leniency programmes implemented in Asian countries to enforce the anti-cartel provisions of their competition law.

Recenzje

'Leniency has already achieved remarkable success in eliciting confessions from cartel participants; nevertheless, leniency programs across the globe have not converged, with markedly different scorecards among countries. Getting out of this impasse requires case studies, together with solid theoretical inquiries. This book, the first large-scale study on leniency in Asia, presents a refreshing answer to this challenge. It is a pleasure to read this meticulously constructed book, with a sharply focused introduction, followed by countries' case studies, not only of Asia (including China) but also of the pioneering US and EU, conducted by first-rate scholars in each country.' Toshiaki Takigawa, Professor Emeritus, Faculty of Law, Kansai University, Osaka

Spis treści

Part I. Introduction: 1. Leniency in Asian Competition Law Steven Van Uytsel, Mark Fenwick and Yoshiteru Uemura; Part II. Leniency In Historical, International and Theoretical Context: 2. The Development of the Leniency Programmes of the US Department of Justice and the European Commission Baskaran Balasingham; 3. International Guidelines and Best Practices on Leniency Programmes: Decontextualised Summaries of Local Practices Steven Van Uytsel; 4. Situating Leniency Mark Fenwick; Part III. Leniency Programmes In Selected Asian Jurisdictions: 5. The Original Leniency Programme of Japan: Law Making in the Shadow of Lobbying, Political Pressure and Legal Constraints Steven Van Uytsel; 6. Negotiated Leniency in Japan Embedded in Ever Increasing Sanctions: A Deterrence Perspective Steven Van Uytsel and Yoshiteru Uemura; 7. The Law and Policy on Cartels and Leniency in Korea Yo Sop Choi; 8. The Leniency Programme in Taiwan: Enforcement Experience, Effectiveness Assessment, and Future Challenges Andy C. M. Chen; 9. The State Administration for Market Regulation and its Leniency Programme: Infusing a Dose of Trust and Predictability Ying Bi and Steven Van Uytsel; 10. Leniency Policy in Singapore Scott Clements and Daren Shiau; 11. The Leniency Programme in Malaysia's Competition Regime: A Critical Evaluation Cassey Lee; 12. Hong Kong's Revised Leniency Policy and its Potential to Deter Cartels Sandra Marco Colino; 13. The Leniency Programme under the Indian Competition Law Nikita Koradia, Kiran Manokaran and Juhi Hirani; 14. Cartel Defection in the Philippines Through Leniency: Incentives Jeopardised by Discretionary Decision Making Power Alizedney M. Ditucalan and Steven Van Uytsel; 15. The Absence of a Leniency Programme in Thai Competition Law Ploykaew Porananond; Part IV. Concluding Remarks: 16. Leniency Programmes in Asia: Convergence, Divergence and Distinctiveness Steven Van Uytsel, Mark Fenwick and Yoshiteru Uemura; Bibliography; Index.