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2015 Fiscal Year Research-status Report

Anti-Cartel Enforcement: Towards a Holistic Understanding of Leniency Policies

Research Project

Project/Area Number 15K03152
Research InstitutionKyushu University

Principal Investigator

VAN・UYTSEL S  九州大学, 法学(政治学)研究科(研究院), 准教授 (30432842)

Project Period (FY) 2015-04-01 – 2018-03-31
Keywordscartels / leniency / private enforcement / public enforcement / justifying leniency / compliance
Outline of Annual Research Achievements

During the first year of my research, I have started drafting several chapters of a book on leniency programs. I have started writing on the chapters about cartels in the US, the EU and Japan. In these chapters, I describe that the position of the enforcement authorities towards cartels has not always been the same across countries and over time. I have also started on the chapter about private enforcement. This chapter gives an overview of the possibility of private actions and whether private actions will jeopardize the success of a leniency program. The conclusion is that, in most cases due to information asymmetry, private actions should not have a negative effect on the working of a leniency program. Further, I have been doing presentations on the justification of having leniency programs, which is supposed to become another chapter of the book I am working on. In the meanwhile, I have expanded the research on the leniency program of China. The outcome of this research focuses on the flexibility of the Chinese leniency program and how it can be improved without too much changes to the law.

Current Status of Research Progress
Current Status of Research Progress

2: Research has progressed on the whole more than it was originally planned.

Reason

The idea is to develop a book project over a period of three years. In the first part of my research, I have acquired knowledge of the leniency programs by reading a substantial amount of literature. I have started the writing of several chapters of the book project. The next step will be to further elaborate the other chapters. In the course of the writing of the chapters, I plan to present the progress at different conferences and workshops. Over the last year, I was able to present already a substantial part of my research.

Strategy for Future Research Activity

The plans for the future research are as follows: develop the chapter on the justification of leniency programs; the interaction between leniency programs and public enforcement; the interaction between leniency programs and compliance programs. These chapters will provide an insight from a US, EU and Japanese law perspective.

Whenever possible, I would also like to expand the research to leniency programs of other countries than the one I am focusing on in my book.

Causes of Carryover

The reason that I have spend little of the budget are threefold. First, the book check is budgeted for a large amount of money. The budget received in one fiscal year would not cover the book editing and still provide me for updated books. Second, there are many books scheduled to be published in 2016. Hence, I needed to transfer money of 2015 to 2016. Third, I attended conferences and workshops for which the organizer provided travel expenses. Hence, I did not have to use my travel budget.

Expenditure Plan for Carryover Budget

The idea is to use about 800.000 yen for native check of chapters of the book. Another 500.000 yen will be used for purchasing recent books. The remaining 500.000 yen will be spent on travel costs for conferences and research.

  • Research Products

    (8 results)

All 2016 2015 Other

All Journal Article (3 results) (of which Int'l Joint Research: 3 results,  Peer Reviewed: 3 results,  Acknowledgement Compliant: 1 results) Presentation (4 results) (of which Int'l Joint Research: 2 results,  Invited: 4 results) Remarks (1 results)

  • [Journal Article] , Delayed Leniency Applications: The Unfortunate but Predictable Outcome of the Flexible Leniency Policies under the Chinese Antimonopoly Law2016

    • Author(s)
      Steven Van Uytsel & Bi Ying
    • Journal Title

      Flexibility in Modern Business Law: A Comparative Assessment

      Volume: not applicable Pages: 91-122

    • DOI

      book chapter

    • Peer Reviewed / Int'l Joint Research / Acknowledgement Compliant
  • [Journal Article] Anti-Cartel Enforcement in Japan: Does Leniency Make the Difference?2015

    • Author(s)
      Steven Van Uytsel
    • Journal Title

      The Leniency Religion, Anti-Cartel Enforcement in a Contemporary Age

      Volume: not applicable Pages: 81-107

    • DOI

      book chapter

    • Peer Reviewed / Int'l Joint Research
  • [Journal Article] Could Predatory Pricing Rules substitute for Antidumping Laws in the Proposed China-Japan-Korea Free Trade Agreement?2015

    • Author(s)
      Bi Ying and Steven Van Uytsel
    • Journal Title

      Social Science Japan Journal

      Volume: 18 Pages: 163-192

    • DOI

      book chapter

    • Peer Reviewed / Int'l Joint Research
  • [Presentation] Antimonopoly Law, Enforcement, and Behavioral Science2016

    • Author(s)
      Steven Van Uytsel
    • Organizer
      Thai Office of the Judiciary Lecture Series,
    • Place of Presentation
      Kyushu University (Fukuoka, Japan)
    • Year and Date
      2016-03-10
    • Invited
  • [Presentation] Japan’s Recent Reform of its Enforcement Procedure to the Antimonopoly Act2015

    • Author(s)
      Steven Van Uytsel
    • Organizer
      Asian Competition Forum
    • Place of Presentation
      Hong Kong Polytech University (Hong Kong)
    • Year and Date
      2015-11-30 – 2015-12-01
    • Int'l Joint Research / Invited
  • [Presentation] A Procedural Fairness Perspective on the Enforcement Structure of the Japanese Antimonopoly Law2015

    • Author(s)
      Steven Van Uytsel
    • Organizer
      Asian Law Institute Annual Conference
    • Place of Presentation
      National University of Taiwan (Taiwan)
    • Year and Date
      2015-05-21 – 2015-05-22
    • Int'l Joint Research / Invited
  • [Presentation] Japan’s Overhaul of the Antimonopoly’s Enforcement Procedure: A Procedural Fairness Perspective2015

    • Author(s)
      Steven Van Uytsel
    • Organizer
      Kyushu, UC Davis, and Korea University School of Law International Seminar
    • Place of Presentation
      Korea University (Korea)
    • Year and Date
      2015-04-23
    • Invited
  • [Remarks] Asian Competition Forum

    • URL

      http://www.asiancompetitionforum.org/11th-annual-asian-competition-law-conference-2015/panel-c-1.html

URL: 

Published: 2017-01-06  

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