Apparently, few resulted from a leniency programme.

Evaluation of the effectiveness of leniency programmes

Leniency Programmes to Fight Hard Core Cartels (2001)

After the investigation, prompted by news reports of the price increase, was underway, a fifth airline applied to the Commission for leniency under the Commission's Corporate Leniency Policy.

The GVH has applied its leniency policy to the matter.

Begin to establish a leniency programme. The word begin is important.

When this credibility is established, properly structured leniency programme will succeed.

In recent years, a key obstacle to enhanced cooperation on enforcement against international cartels area has arisen from the confidentiality that is accorded under national leniency programmes to information from leniency applications.

A second specialized investigative tool in cartel cases is the leniency programme.

A properly structured leniency programme should have at least the following elements

The representative of the United States Federal Trade Commission commented that, although a leniency programme had proved the most effective investigatory tool in cartel prosecution, the United States had prosecuted cartels successfully before it introduced a leniency programme.

A critical component of any successful leniency programme is the credible threat of severe sanctions.

The Impact of Leniency Programs on Cartels. www.wz berlin.de mp conf pastconfs io04 papers rey.pdf

A dawn raid and the cooperation of one conspirator through a leniency programme produced the incriminating evidence.

One cannot expect the mere creation of a leniency programme to produce immediate results for the agency.

Once any illegal activities are found, they shall be severely dealt with according to law without any leniency.

This case is a good example of the use of a leniency programme when dealing with cartel cases.

Once the credibility of the authority had been established, a leniency programme could be a very effective tool.

The competition agency should maintain strict confidentiality regarding the fact of a leniency application and the identity of the applicant.

In conclusion, the representatives of the JFTC enquired whether a competition authority could successfully pursue cartel investigations without a leniency programme.

(j) Leniency measures taken by the Government of the Sudan, which led to the release of a large number of imprisoned women

Those crimes also continued to go unpunished under the occupying Power's undeclared policy of leniency towards them, which had encouraged further attacks.

Only then will there be sufficient incentive for cartel operators to break ranks and cooperate with the authorities under a leniency programme.

More and more countries are enforcing competition laws more rigorously and also adopting tactics such as the introduction of leniency programmes and dawn raids.

She also expressed concern about the apparent leniency of penalties for extremely serious offences such as trafficking, the sexual abuse of minors and incest.

A leniency programme can be a powerful anti cartel weapon, but, as is discussed below, experience has shown that it is seldom effective right away.

The (relatively few) countries whose leniency programmes are flourishing consider this tool to be the most effective in their arsenal, even more effective than dawn raids.

Ms. Cinar (Turkey) said that, as part of the legal reform exercise, leniency provisions for custom or honour killings, which were essentially synonymous, had been abolished.

Some would say that no other cartel member should receive any leniency, in order to create the greatest possible incentive to be the first in the door .

In most countries, certainly including those in which an effective leniency programme has not yet taken hold, the dawn raid is the most effective investigative tool in the investigator's toolkit.

Ms. Akşit (Turkey) said that her country's efforts to suppress honour and custom killings were reflected in the abolition of leniency and the severe penalty life imprisonment prescribed by the Penal Code.

There was consensus that no leniency and flexibility towards the use of force is acceptable, as ambiguity creates flexibility of interpretation and provides a justification for multiple interpretations, and consequently justification for unilateral action.

Some countries do offer some leniency to second or third applicants, but there should be a wide gap between the first and subsequent applicants, in order to preserve the strong incentive to be the first.

Certainly some countries new to anti cartel enforcement do not yet have a formal leniency programme in place but, for the reasons discussed above, it seems that even those that do are unlikely to benefit immediately.

Countries with provisions dealing with any form of cartelization should consider introducing leniency programmes as part of their regulations, while those in the process of drafting competition laws may consider developing a programme with initial implementation regulations.

While no leniency should be shown for crimes perpetrated on innocent children, we need to see in perspective the fact that many children responsible for reprehensible crimes have often been manipulated by unscrupulous adults to take part in armed conflicts.

Nor does the appearance of hypocrisy end there. At a time when democracy and democratization have become the watchwords of US foreign policy, normalization of diplomatic relations with Gaddafi s Libya, not to mention leniency towards Egypt and Saudi Arabia hardly boosts America s credibility.

By appearing dignified, defiant, and forceful, Bo evidently sought to preserve his image among his allies and supporters as a strong leader. Denouncing himself in order to gain leniency in a case that he portrayed as a grievous miscarriage of justice would have made him look like a coward.

Ms. Aytac (Turkey) said that, while the number of honour killings had declined, the provision under which leniency was granted to those who committed crimes in the heat of anger or as a result of deep sadness caused by an unjust provocation was not applicable to perpetrators of honour killings, which were premeditated acts.

It is as if France were now seized by a kind of nostalgic generosity toward a presidency that had been marked by suspicion and derision. Chirac is not about to present himself as a candidate to divide the conservative camp, and the new leniency surrounding his record may actually benefit Sarkozy, his impatient and rebellious heir.