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

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.

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 .

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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.

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