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ARTICLE · 01 JUNE 2012

Cartel Leniency In The Asia-Pacific Region

Jones Day
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One of the worst possible nightmares for in-house counsel is to discover that the business has been involved in a cross-border cartel.

GlobalAntitrust/Competition Law
Nicolas Taylor
Nicolas Taylor
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One of the worst possible nightmares for in-house counsel is to discover that the business has been involved in a cross-border cartel. Quick and careful action can ensure that the damage is minimized by seizing the leniency option.

Navigating the optimal course for leniency applications in the Asia-Pacific region can be particularly challenging because there is such a wide variety of approaches to competition law and its enforcement. Nevertheless, there is an indisputable trend: the number of Asia-Pacific countries adopting or effectively enforcing competition laws is increasing, and this trend should continue in the next few years.

The existence of legislation in various stages of development presents challenges for cartel participants seeking leniency for practices having effect in several Asia-Pacific countries. In some countries, cartels are a criminal offense for which executives can serve jail time; in others, only the company is exposed; and in some

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