Antitrust Rights of Action and Leniency Programs

Research output: Journal Publications and ReviewsRGC 21 - Publication in refereed journalpeer-review

Abstract

Currently, most jurisdictions around the globe provide victims of cartels a full right of action. However, a few jurisdictions do not provide any right of action to victims (e.g., Pakistan and Sri Lanka), while a few others merely provide victims a follow-on but not standalone right of action (e.g., Singapore, India, and Hong Kong). To facilitate these jurisdictions to decide whether to amend their competition laws and provide some or more rights of action to private parties, this Article aims to offer an additional perspective for consideration—that is, does expanding rights of action itself encourage or discourage leniency applications? Given that leniency programs are a critical tool in combating cartels, if providing some or more rights promotes leniency applications, then such a relationship is in favor of an expansion of victims’ rights. In contrast, if the two are negatively related, then lawmakers should be more cautious about the expansion. To analyze the impact that expanding rights of action has on leniency applications, this Article employs a game-theory model first created by Professor Joseph E. Harrington and later revised by the author.
Original languageEnglish
Pages (from-to)151-170
JournalSouthern California Interdisciplinary Law Journal
Volume32
Issue number1
Publication statusPublished - 25 Feb 2023

Bibliographical note

Information for this record is provided by the author(s) concerned.

Research Keywords

  • Antitrust
  • Private Right of Action
  • Leniency Program

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