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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
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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