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
14 - Cartel Defection in the Philippines through Leniency
Incentives Jeopardised by Discretionary Decision-Making Power
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 introduces one of the more recent leniency programmes in Asia. Due to the dual enforcement structure, the Philippines has developed two different leniency programmes, one administered by the Philippine Competition Commission and one by the Office for Competition of the Department of Justice (DOJ-OFC). Whereas the latter is only applicable in criminal proceedings, the former applies to administrative, criminal and civil proceedings. The chapter argues that both leniency programmes are generous. However, discretionary powers of the enforcement agencies and the possibility of carving employees out of the leniency application diminish the attractiveness of leniency programmes. Uncertainty about the outcome of a leniency application has, in general, not been well accepted by cartel participants. It can therefore be predicted that, no matter how generous the leniency programmes are, there will be no race to the enforcement agencies’ doors.
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- Leniency in Asian Competition Law , pp. 355 - 370Publisher: Cambridge University PressPrint publication year: 2022