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
- Part III Leniency Programmes in Selected Asian Jurisdictions
- 5 The Original Leniency Programme of Japan
- 6 Negotiated Leniency in Japan Embedded in Ever-Increasing Sanctions
- 7 The Law and Policy on Cartels and Leniency in Korea
- 8 The Leniency Programme in Taiwan
- 9 The State Administration for Market Regulation and Its Leniency Programme
- 10 Leniency Policy in Singapore
- 11 The Leniency Programme in Malaysia’s Competition Regime
- 12 Hong Kong’s Revised Leniency Policy and Its Potential to Deter Cartels
- 13 The Leniency Programme under the Indian Competition Law
- 14 Cartel Defection in the Philippines through Leniency
- 15 The Absence of a Leniency Programme in Thai Competition Law
- 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
6 - Negotiated Leniency in Japan Embedded in Ever-Increasing Sanctions
A Deterrence Perspective
from Part III - Leniency Programmes in Selected Asian Jurisdictions
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
- Part III Leniency Programmes in Selected Asian Jurisdictions
- 5 The Original Leniency Programme of Japan
- 6 Negotiated Leniency in Japan Embedded in Ever-Increasing Sanctions
- 7 The Law and Policy on Cartels and Leniency in Korea
- 8 The Leniency Programme in Taiwan
- 9 The State Administration for Market Regulation and Its Leniency Programme
- 10 Leniency Policy in Singapore
- 11 The Leniency Programme in Malaysia’s Competition Regime
- 12 Hong Kong’s Revised Leniency Policy and Its Potential to Deter Cartels
- 13 The Leniency Programme under the Indian Competition Law
- 14 Cartel Defection in the Philippines through Leniency
- 15 The Absence of a Leniency Programme in Thai Competition Law
- 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 investigates the 2019 amendment of the Japanese leniency programme. The authors’ approach starts by observing that the old leniency programme may have substantially contributed neither to detecting nor to deterring cartels. The question, therefore, is whether the new leniency programme, whereby the amount of reduction of the leniency programme is drastically lowered for subsequent applicants but which can be compensated by entering a consultation process with the JFTC regarding the information to be submitted, is able to address the limitations of the old leniency programme. The chapter concludes that this may not be the case, since the changes to the leniency programme only address the potential of subsequent leniency applications. Nothing is done to attract better leniency applications from the start. To increase deterrence, the authors therefore investigate whether there is still some possibility of tweaking the sanctions in order to compensate for what the leniency programme cannot yet achieve.
Keywords
- Type
- Chapter
- Information
- Leniency in Asian Competition Law , pp. 159 - 190Publisher: Cambridge University PressPrint publication year: 2022