Short and Long Run Effects of Leniency Programs on Cartel Stability and Prosecution## (2024)

Article Navigation

Volume 20 Issue 3 September 2024
  • Next >

Journal Article

Get access

,

Joan-Ramon Borrell

Corresponding author: Universitat de Barcelona, Dep. d’Econometria, Estadística i Economia Aplicada- Institut d'Economia Aplicada (IREA) - Grup de Governs i Mercats (GiM), 1-11 John M. Keynes Street, Spain; and, University of Navarra, IESE Business School, Public-Private Sector Research Center. jrborrell@ub.edu

Search for other works by this author on:

Oxford Academic

,

Carmen García

Search for other works by this author on:

Oxford Academic

,

Juan Luis Jiménez

Search for other works by this author on:

Oxford Academic

José Manuel Ordóñez-de-Haro

Search for other works by this author on:

Oxford Academic

Journal of Competition Law & Economics, Volume 20, Issue 3, September 2024, Pages 181–205, https://doi.org/10.1093/joclec/nhae007

Published:

26 May 2024

Article history

Received:

06 September 2023

Revision received:

11 April 2024

Accepted:

08 May 2024

Published:

26 May 2024

  • Views
    • Article contents
    • Figures & tables
    • Video
    • Audio
    • Supplementary Data
  • Cite

    Cite

    Joan-Ramon Borrell, Carmen García, Juan Luis Jiménez, José Manuel Ordóñez-de-Haro, Short and Long Run Effects of Leniency Programs on Cartel Stability and Prosecution, Journal of Competition Law & Economics, Volume 20, Issue 3, September 2024, Pages 181–205, https://doi.org/10.1093/joclec/nhae007

    Close

Search

Close

Search

Advanced Search

Search Menu

Abstract

This study investigates the effects of leniency programs on cartel duration, cartel fines, and the length of investigations, providing empirical insights that contribute to the ongoing debate regarding their theoretical and empirical implications. The introduction of leniency programs in two different jurisdictions (EU and Spain) at different times and the exogeneity of the introduction date enable us to identify their impact using difference-in-differences estimations. We empirically show that leniency programs, by destabilizing existing cartels, allow for the detection of the longer-lasting ones in the short run. In the long run, our results suggest that destabilization effects prevail, and leniency programs discourage the creation of new cartels. Specifically, our findings indicate that the duration of detected cartels almost doubles in the short run and nearly halves in the long run. Finally, our study reveals that the introduction of leniency programs results in a significant increase in the average fines per cartel case, both before and after taking into account the fine reductions resulting from these programs. This suggests that leniency programs contribute to stronger sanctions against cartels, enhancing their general deterrent effect. However, our findings also indicate that leniency programs lengthen the average duration of cartel investigations, which may hinder the ability of competition authorities to proactively pursue other cases.

© The Author(s) 2024. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com

This article is published and distributed under the terms of the Oxford University Press, Standard Journals Publication Model (https://academic.oup.com/pages/standard-publication-reuse-rights)

Issue Section:

Article

You do not currently have access to this article.

Download all slides

Sign in

Get help with access

Personal account

  • Sign in with email/username & password
  • Get email alerts
  • Save searches
  • Purchase content
  • Activate your purchase/trial code
  • Add your ORCID iD

Sign in Register

Institutional access

    Sign in through your institution

    Sign in through your institution

  1. Sign in with a library card
  2. Sign in with username/password
  3. Recommend to your librarian

Institutional account management

Sign in as administrator

Get help with access

Institutional access

Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:

IP based access

Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.

Sign in through your institution

Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.

  1. Click Sign in through your institution.
  2. Select your institution from the list provided, which will take you to your institution's website to sign in.
  3. When on the institution site, please use the credentials provided by your institution. Do not use an Oxford Academic personal account.
  4. Following successful sign in, you will be returned to Oxford Academic.

If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.

Sign in with a library card

Enter your library card number to sign in. If you cannot sign in, please contact your librarian.

Society Members

Society member access to a journal is achieved in one of the following ways:

Sign in through society site

Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:

  1. Click Sign in through society site.
  2. When on the society site, please use the credentials provided by that society. Do not use an Oxford Academic personal account.
  3. Following successful sign in, you will be returned to Oxford Academic.

If you do not have a society account or have forgotten your username or password, please contact your society.

Sign in using a personal account

Some societies use Oxford Academic personal accounts to provide access to their members. See below.

Personal account

A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.

Some societies use Oxford Academic personal accounts to provide access to their members.

Viewing your signed in accounts

Click the account icon in the top right to:

  • View your signed in personal account and access account management features.
  • View the institutional accounts that are providing access.

Signed in but can't access content

Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.

Institutional account management

For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.

Purchase

Subscription prices and ordering for this journal

Purchasing options for books and journals across Oxford Academic

Short-term Access

To purchase short-term access, please sign in to your personal account above.

Don't already have a personal account? Register

Short and Long Run Effects of Leniency Programs on Cartel Stability and Prosecution## - 24 Hours access

EUR €51.00

GBP £44.00

USD $55.00

EUR €51.00

GBP £44.00

USD $55.00

Rental

Short and Long Run Effects of Leniency Programs on Cartel Stability and Prosecution## (7)

This article is also available for rental through DeepDyve.

Advertisem*nt

Citations

Views

171

Altmetric

More metrics information

Metrics

Total Views 171

124 Pageviews

47 PDF Downloads

Since 5/1/2024

Month: Total Views:
May 2024 23
June 2024 99
July 2024 30
August 2024 19

Citations

Powered by Dimensions

Altmetrics

×

Email alerts

Article activity alert

Advance article alerts

New issue alert

JEL classification alert

Receive exclusive offers and updates from Oxford Academic

Citing articles via

Google Scholar

  • Latest

  • Most Read

  • Most Cited

When Polanyi Met Competition Policy: Market Fundamentalism, Crisis, and Reform in The 21ST Century
The Requisite Legal Standard of the Digital Markets Act’s Designation Process
Big Tech Acquisitions and Product Discontinuation
Estimation of (Consumer) Sustainability Benefits from Horizontal Agreements: A Quasi Ex Post Analysis
Neither Mergers nor Cartels: Innovation Networks and Competition Law

More from Oxford Academic

Competition Law

Economics

Law

Law and Economics

Social Sciences

Books

Journals

Advertisem*nt

Short and Long Run Effects of Leniency Programs on Cartel Stability and Prosecution## (2024)

FAQs

What are the effects of leniency programs on cartels? ›

Leniency programs were introduced as an effective tool to reduce the punishment to the cartelists acting as whistle blower with reward of lesser penalties as compare to the other members in cartels. Section 46 of the Competition Act, 2002 empowers the Competition Commission of India to grant leniency.

What is the leniency policy for a cartel? ›

Under the policy, participants in cartel conduct can report the conduct to the Commission and cooperate with any resulting investigation and enforcement proceedings, in return for the Commission's agreement not to bring civil proceedings against them.

What impact did the 2002 reform of the EU leniency program have on cartel outcomes? ›

We find that the 2002 reform decreased cartel duration by about 87 percent, but did not significantly affect the other outcome variables.

What are the advantages and disadvantages of cartels? ›

Advantages and Disadvantages of Cartels

A cartel's power often depends on the leadership of the nation in which it operates and cartels may not be challenged on their pricing or production. While the members of a cartel profit from the agreement, both competition and the consumer suffer.

What is a cartel comment upon the stability of a cartel? ›

cartel, when each firm recognizes the effect of its movement into or out of the cartel. on the equilibrium price, a stable cartel exists. Furthermore, when firms are not. too cost efficient relative to market demand, the stable cartel is unique.

What are the penalties for a cartel? ›

Individuals
  • up to 10 years in jail, or.
  • fines of up to $626,000 per criminal cartel offence (2,000 penalty units).

What is the leniency policy in the US? ›

The Corporate Leniency Policy is specifically tailored to price-fixing, bid-rigging, and market allocation crimes in violation of 15 U.S.C. § 1, and therefore includes requirements and benefits distinct from other voluntary self-disclosure policies subsequently developed and implemented across the Justice Department.

Are cartels legal in the US? ›

In the United States, cartel behavior (including price-fixing; volume, customer, and market allocation; and bid-rigging) can be a criminal violation of antitrust laws that may result in high fines for conspiring corporations and key corporate executives, and incarceration for individual defendants.

How do cartels affect the United States? ›

The United States is deeply affected by crime and violence carried out by transnational criminal organizations, including drug cartels. These actions undermine our border security, inflict harm in our communities, and threaten the stability of our allies around the world.

Why did the cartel apologize to the US? ›

"The Mexican government doesn't have that kind of resources and the cartels know it," Felbab-Brown said. "So when the Gulf cartel realized their men mistakenly went after Americans, they decided it would be wiser to give them up and apologize." There were already signs the apology was falling flat in Washington.

What is the largest fine for the EU cartel? ›

The EU's biggest fine was 4.3 billion euros ordered against Google for abusing the dominant position of its Android mobile operating system to promote Google's search engine. A court in 2022 said the fine should be reduced to 4.125 billion euros after reviewing the duration of the infringement.

What causes cartels to fail? ›

The only way that cartels work properly is if all firms agree to produce a set amount of output and actually produce that amount of output. Cartels often fail because firms have the incentives to "cheat" on the agreement. By producing more than they agreed to produce, firms are able to increase their profits.

What factors influence the likelihood that a cartel is successful? ›

The equilibrium must increase profits to cartel members as a group and provide a mechanism for distrib- uting those profits “fairly” to member firms. The cartel must develop an incentive com- patible structure—a combination of moni- toring, rewards, and punishments—to prevent cheating by members.

What problems do cartels face? ›

Cartels break up occasionally because of cheating or lack of effective monitoring, but the biggest challenges cartels face are entry and adjustment of the collusive agreement in response to changing economic conditions.

What factors increase the likelihood of a cartel being successful? ›

Cooperation and coordination among members: A cartel is more likely to be successful if the members factors and coordinate their activities effectively. This includes market sharing information and working together to enforce the agreement.

Top Articles
UTV: UTV gebraucht kaufen | Autoline Deutschland
Quad / ATV kaufen und verkaufen
Odawa Hypixel
Tesla Supercharger La Crosse Photos
Lighthouse Diner Taylorsville Menu
Shs Games 1V1 Lol
Google Jobs Denver
Retro Ride Teardrop
Lycoming County Docket Sheets
Best Cav Commanders Rok
Cvs Learnet Modules
Oc Craiglsit
Craigslist Pets Longview Tx
What is Cyber Big Game Hunting? - CrowdStrike
finaint.com
The Largest Banks - ​​How to Transfer Money With Only Card Number and CVV (2024)
ARK: Survival Evolved Valguero Map Guide: Resource Locations, Bosses, & Dinos
Teacup Yorkie For Sale Up To $400 In South Carolina
Touchless Car Wash Schaumburg
Everything To Know About N Scale Model Trains - My Hobby Models
Arrest Gif
Best Middle Schools In Queens Ny
Infinite Campus Asd20
Ultra Ball Pixelmon
Mrstryst
Mobile Maher Terminal
Craigslist Free Stuff San Gabriel Valley
Rvtrader Com Florida
Kokomo Mugshots Busted
About | Swan Medical Group
Royal Caribbean Luggage Tags Pending
Minecraft Jar Google Drive
Naya Padkar Newspaper Today
Msnl Seeds
Cl Bellingham
Boone County Sheriff 700 Report
What Does Code 898 Mean On Irs Transcript
Blackstone Launchpad Ucf
2700 Yen To Usd
sacramento for sale by owner "boats" - craigslist
Craigslist Farm And Garden Reading Pa
Rs3 Nature Spirit Quick Guide
Penny Paws San Antonio Photos
Ohio Road Construction Map
Booknet.com Contract Marriage 2
Cvs Coit And Alpha
Greatpeople.me Login Schedule
A Man Called Otto Showtimes Near Cinemark Greeley Mall
York Racecourse | Racecourses.net
The Hardest Quests in Old School RuneScape (Ranked) – FandomSpot
Tanger Outlets Sevierville Directory Map
Latest Posts
Article information

Author: Margart Wisoky

Last Updated:

Views: 5621

Rating: 4.8 / 5 (78 voted)

Reviews: 85% of readers found this page helpful

Author information

Name: Margart Wisoky

Birthday: 1993-05-13

Address: 2113 Abernathy Knoll, New Tamerafurt, CT 66893-2169

Phone: +25815234346805

Job: Central Developer

Hobby: Machining, Pottery, Rafting, Cosplaying, Jogging, Taekwondo, Scouting

Introduction: My name is Margart Wisoky, I am a gorgeous, shiny, successful, beautiful, adventurous, excited, pleasant person who loves writing and wants to share my knowledge and understanding with you.