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10 - Leniency Policy in Singapore

from Part III - Leniency Programmes in Selected Asian Jurisdictions

Published online by Cambridge University Press:  15 September 2022

Steven Van Uytsel
Affiliation:
Kyushu University, Japan
Mark Fenwick
Affiliation:
Kyushu University, Japan
Yoshiteru Uemura
Affiliation:
Hannan University, Japan
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Summary

This chapter on the Singaporean leniency programme holds that various elements point to its effectiveness. The leniency programme guarantees immunity for a leniency applicant prior to an investigation, immunity could be obtained by the first leniency applicant once an investigation has started, and granting leniency to subsequent leniency applicants is at the discretion of the Singaporean enforcement agency, the Competition and Consumer Commission of Singapore (CCCS). Furthermore, leniency plus, whereby extra reduction can be obtained for revealing participation in another cartel, and the fast-track procedure, whereby extra reduction can be obtained for admitting to the fact, have been introduced as well. It is now also possible for a cartel to be exposed through a reward or whistle-blowing scheme, though this scheme is not available for persons active in the infringement. Because of these elements, the leniency programme has contributed to eight of the fifteen cartel infringement decisions. Some of these cases have led to record high fines. Another element worth mentioning is that some of the leniency applications were only submitted after active solicitation by the CCCS.

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Publisher: Cambridge University Press
Print publication year: 2022

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