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
9 - The State Administration for Market Regulation and Its Leniency Programme
Infusing a Dose of Trust and Predictability
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
The authors of this chapter argue that the Chinese legislator has infused a dose of trust and predictability into its leniency programme. The trust was necessary because not all enforcement agencies in China, of which the National Development and Reform Commission is most often singled out, applied due process during their investigation. Furthermore, predictability was required because the existing leniency programmes, one for price-related cartels and one for non-price-related cartels, gave too much discretion to the enforcement agencies. As a result of the lack of due process or predictability, the outcomes of investigations were uncertain. This chapter will show that, by reconfiguring the enforcement structure, both elements are addressed. There is one condition for the new leniency programme to be more effective. The new enforcement agency, the State Administration for Market Regulation, which has elaborated the new leniency programme, should ensure transparency in its decision making.
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- Leniency in Asian Competition Law , pp. 233 - 260Publisher: Cambridge University PressPrint publication year: 2022