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
4 - Situating Leniency
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 situates the emergence of leniency programmes in competition law in the broader context of contemporary trends in business regulation. It is suggested that although leniency programmes are a distinctive form of regulatory intervention, they do exhibit a family resemblance with other regulatory mechanisms that have emerged in the last two decades in other fields of business regulation, and that similar trends, pressures and effects can be seen across different regulatory contexts. The four trends highlighted are a shift towards some form of negotiated justice, a new emphasis on regulatory experimentation, the creation of new forms of transnational legal risk, and the emerging importance of regulatory networks. The intention of this chapter is not to blur the distinction between these different developments, but rather to suggest that by locating leniency in the context of these broader trends, we can deepen our understanding of the significance of these developments.
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- Leniency in Asian Competition Law , pp. 104 - 126Publisher: Cambridge University PressPrint publication year: 2022