Book contents
- Leniency in Asian Competition Law
- Leniency in Asian Competition Law
- Copyright page
- Contents
- Tables and Boxes
- Contributors
- Preface and Acknowledgements
- Abbreviations
- Part I Introduction
- Part II Leniency in Historical, International and Theoretical Context
- 2 The Development of the Leniency Programmes of the United States Department of Justice and the European Commission
- 3 International Guidelines and Best Practices on Leniency Programmes
- 4 Situating Leniency
- Part III Leniency Programmes in Selected Asian Jurisdictions
- Part IV Concluding Remarks
- Appendix Schematic Overview of the Leniency Programmes from Korea, Japan, Singapore, China, India, Taiwan, Malaysia, Hong Kong and the Philippines
- Bibliography
- Index
3 - International Guidelines and Best Practices on Leniency Programmes
Decontextualised Summaries of Local Practices
from Part II - Leniency in Historical, International and Theoretical Context
Published online by Cambridge University Press: 15 September 2022
- Leniency in Asian Competition Law
- Leniency in Asian Competition Law
- Copyright page
- Contents
- Tables and Boxes
- Contributors
- Preface and Acknowledgements
- Abbreviations
- Part I Introduction
- Part II Leniency in Historical, International and Theoretical Context
- 2 The Development of the Leniency Programmes of the United States Department of Justice and the European Commission
- 3 International Guidelines and Best Practices on Leniency Programmes
- 4 Situating Leniency
- Part III Leniency Programmes in Selected Asian Jurisdictions
- Part IV Concluding Remarks
- Appendix Schematic Overview of the Leniency Programmes from Korea, Japan, Singapore, China, India, Taiwan, Malaysia, Hong Kong and the Philippines
- Bibliography
- Index
Summary
This chapter sheds light on the international organisations that have been active in proliferating leniency programmes. This contribution includes the efforts of the OECD, ICN, UNCTAD and ASEAN. For each of these organisations, the chapter argues that they have a tendency to look for the common elements among existing leniency programmes and present them as an international guideline or best practice. When the existing leniency programmes diverge, the international guideline or best practice is to offer options. By not further clarifying these options, the chapter holds, the international organisations do no more than summarise local practices and pull them outside of their context. Due to this practice, convergence is unlikely to happen because, when the international guidelines or best practices are consulted, there will be an automatic reflex to also consult existing local practices and the existing literature regarding those practices.
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- Leniency in Asian Competition Law , pp. 67 - 103Publisher: Cambridge University PressPrint publication year: 2022