2013 Fiscal Year Final Research Report
Competition Law, Public Enforcement Authorities and Private Parties: Towards a More Effective Interrelationship
| Project/Area Number |
23730058
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Social law
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| Research Institution | Kyushu University |
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Principal Investigator |
VAN UYTSEL Steven 九州大学, 法学(政治学)研究科(研究院), 准教授 (30432842)
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| Project Period (FY) |
2011 – 2013
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| Keywords | リニエンシー制度 / 課徴金減免制度 / カルテル / ICN / コレクティブ・アクション / カルテルの摘発促進 / カルテルの抑止 |
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| Research Abstract |
This research has focused on the effectiveness of the leniency programs. Even though the leniency program is actively supported by enforcement agencies as the best tool to enforce competition law against cartels, there are several elements that the enforcement agencies need to take into consideration. Firms may not be deterred by the existence of a leniency program. In other words, even with a leniency program, cartel will be formed. Leniency programs tend to be used to punish one of the cartel members, unless the cartel has been exposed abroad. Despite these concerns, a leniency program may facilitate obtaining evidence of the illegal cartel activity for the enforcement agencies.
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