Skip to main content Accessibility help
×
Hostname: page-component-788cddb947-2s2w2 Total loading time: 0 Render date: 2024-10-10T20:26:09.187Z Has data issue: false hasContentIssue false

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

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

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.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×