Abstract
Leniency has become important for the enforcement of competition law against illegal cartels. When the Chinese Anti-Monopoly Law was drafted, the possibility to give lenient treatment to an infringer coming forward with information on the illegal cartel was inscribed in Article 46. In their elaboration of this general leniency provision, NDRC and SAIC created two leniency policies, one of price related and one for non-price related cartels. These leniency policies empowered the enforcement agencies to take decisions almost as they like.
Flexible leniency policies, as experience in the United States and the European Union has shown, do not always lead to a favourable outcome in terms of detecting cartels independent from investigations from enforcement agencies. The European experience suggests that a flexible leniency policy will still trigger leniency applications, but that they will always follow the investigations by another enforcement agency. The Japanese experience has taught that this outcome may even not be achieved by a clear and transparent leniency policy. Despite that outcome, the Japanese experience shows that the leniency applications will follow almost directly the foreign investigations. Combining these experiences, the chapter suggests that the Chinese leniency policies will be used. However, due to the uncertainty, the leniency applications will be delayed until it is almost certain that the firm will be punished.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Similar content being viewed by others
Notes
- 1.
- 2.
See Griffin (2003).
- 3.
See for an overview of countries with a leniency policy ICN (2009), pp. 17–20.
- 4.
Anti-Monopoly Law of the People’s Republic of China, adopted at the 29th Meeting of the Standing Committee of the National (30 August 2007). For a text in Chinese and English, see Harris et al. (2011), pp. 373–394.
- 5.
See Harris et al. (2011), p. 273.
- 6.
See Harris et al. (2011), p. 277.
- 7.
- 8.
- 9.
See Xue and Yang (2013), p. 86.
- 10.
- 11.
See Department of Justice (1978).
- 12.
- 13.
See Department of Justice (1993).
- 14.
See European Commission (1996).
- 15.
See European Commission (2002).
- 16.
See European Commission (2006).
- 17.
See Article 7-2 AML.
- 18.
See Article 7-2 (13) AML; See for a summary discussing the changes, JFTC (2009).
- 19.
For a detailed description, see Stephan and Nikpay (2014), pp. 16–19.
- 20.
Stephan and Nikpay (2014), p. 19.
- 21.
See Department of Justice (1993), par. A and B.
- 22.
See European Commission (2006), par. 8.
- 23.
See Van Uytsel (2008), pp. F31–F36.
- 24.
See European Commission (2006), section II and III; Article 7-2 (10), (11), and (12) AML.
- 25.
See European Commission (2006), par. 24.
- 26.
See Article 7-2 (11); JFTC (2005).
- 27.
See Article 7-2(11) (iii) of the AML.
- 28.
- 29.
See Stephan and Nikpay (2014), pp. 16–19.
- 30.
- 31.
See Leslie (2011), p. 175.
- 32.
See Van Uytsel (2008), pp. F31–F36.
- 33.
See European Commission (1996), par. B.
- 34.
See Van Uytsel (2008), pp. F31–F36.
- 35.
European Commission (1996), par. B (b) (emphasis added).
- 36.
European Commission (1996), par. D (2) (emphasis added).
- 37.
European Commission (2002), par. 8 (emphasis added). A similar formulation is to be found in the 1993 Leniency Policy. The United States has also some provisions in its leniency policy that allow the Antitrust Division some flexibility in the appreciation of the information and evidence submitted. The 1993 Leniency Policy allows applicants to report the illegal cartel even if the Antitrust Division has information on the cartel. The condition is, however, that the information in the hands of the Antitrust Division is likely not to result in a sustainable conviction. This element gives the same flexibility to the Antitrust Division as the Commission. Information needs to be assessed.
- 38.
European Commission (2002), par. 21 (emphasis added).
- 39.
See European Commission (2006), par. 8 in combination with 9 and 24 in combination with 25.
- 40.
- 41.
For a detailed description, see Van Uytsel (2015a), pp. 78–80 n. 85, 96, 98, and 100.
- 42.
- 43.
See European Commission (1996), par. B (e).
- 44.
- 45.
See European Commission (2006), par. 13.
- 46.
See Article 7-2(17) (iii) AML.
- 47.
See Kobayashi (2001), p. 729.
- 48.
Kobayashi (2001), p. 729.
- 49.
See European Commission (2006), par. 12 (a).
- 50.
- 51.
See Van Uytsel (2008), pp. F31–F36.
- 52.
See Article 46 CAML.
- 53.
See Article 52 CAML.
- 54.
See Article 49 CAML.
- 55.
See Article 13 (1), (2), and (3) CAML.
- 56.
See Article 13 (4) CAML.
- 57.
See Article 14 (1) and (2) CAML.
- 58.
See Article 13 (6) CAML and 14 (3) CAML.
- 59.
- 60.
NDRC (2010b).
- 61.
SAIC (2010).
- 62.
See NDRC (2010b), Article 14.
- 63.
See NDRC (2010b), Article 14.
- 64.
See NDRC (2010b), Article 14.
- 65.
See NDRC (2010b), Article 14.
- 66.
This chapter uses the wording material evidence. This is the translation found in the official translation of the law given by the Ministry of Commerce, see MOFCOM (2008). The majority of the literature refers to important evidence. For the purposes of this chapter, the two concepts are interchangeable and have the same meaning.
- 67.
See NDRC (2010b), Article 14.
- 68.
See NDRC (2010b), Article 14.
- 69.
See Harris et al. (2011), p. 292.
- 70.
See Oded (2013), p. 156.
- 71.
See SAIC (2010), Article 11.
- 72.
See SAIC (2010), Article 12.
- 73.
- 74.
See SAIC (2010), Article 12.
- 75.
See Harris et al. (2011), p. 293.
- 76.
See SAIC (2010), Article 11.
- 77.
See SAIC (2010), Articles 11–13.
- 78.
See SAIC (2010), Article 11.
- 79.
See SAIC (2010).
- 80.
See SAIC (2009), Article 20.
- 81.
- 82.
See SAIC (2010), Article 10.
- 83.
See SAIC (2010), Article 11.
- 84.
See MLex Staff (2014), p. 2 (indicating that international lawyers are cautious to advice on applying for leniency in China).
- 85.
- 86.
SAIC’s silence on all these aspects does open different possibilities for the implementation of the leniency policy. By not explicitly excluding a standard that is less severe than in the EU Leniency Notice, SAIC could substantially lessen the requirements for the leniency applicants. Unless there is evidence in that direction, the opposite may be true as well and SAIC may be following the rules set out in Europe. In the latter case, SAIC itself must not have sufficient information or the provided evidence must allow for a targeted investigation. In terms of finding an agreement, SAIC may decide that the information must be unknown. Further, if the European approach is followed, the information required for initiating an investigation would be less demanding than if they were finding an agreement.
- 87.
- 88.
- 89.
- 90.
- 91.
See Zhang and Zhang (2013), pp. 123–126.
- 92.
- 93.
SAIC (2010), Article 4.
- 94.
- 95.
See Lin and Qiao (2015), p. 135.
- 96.
- 97.
Wollf (2011), p. 551.
- 98.
Wollf (2011), p. 552.
- 99.
See Wollf (2011), pp. 553–561 (summarizing the discussion and provided a wealth on sources).
- 100.
ICN (2009).
- 101.
See Kobayashi (2001), pp. 729–730.
- 102.
See Stephan (2005), pp. 8–9.
- 103.
See Stephan (2005), p. 9.
- 104.
See Stephan (2005), pp. 9–14.
- 105.
Van Uytsel (2015b), pp. 89–90.
- 106.
Leslie (2011), p. 175 (emphasis added, footnotes omitted).
- 107.
See Kobayashi (2001), p. 731.
- 108.
- 109.
Stephan (2005), p. 21.
- 110.
See Stephan (2005), p. 20.
- 111.
See Beaton-Wells (2013), pp. 184–186.
- 112.
See Stephan (2005), p. 20.
- 113.
See Stephan (2005), p. 20.
- 114.
Van Uytsel (2015b), pp. 93–99.
- 115.
USCBC (2015), pp. 18–33 (giving an overview of all decisions by NDRC and SAIC until May 2015).
- 116.
Hong (2015).
- 117.
- 118.
See Xue and Yang (2013), p. 93 (the Price Law was applied because the investigation started before the CAML came into effect).
- 119.
See Chen (2013), pp. 2–3.
- 120.
The firms involved were the Korean firms Samsung and LG on the one hand, and the Taiwanese firms AU Optronics, Chunghwa Picture Tubes, Chimei InnoLux and HannStar on the other hand.
- 121.
- 122.
See Zhong Lun Law Firm (2013), p. 3 Annex 1.
- 123.
- 124.
Recently, NDRC has taken decision on vertical price fixing in relation to FAW-Audi and Mercedes-Benz. However, these decisions seem not to be based upon a leniency application.
- 125.
The firms active in the vertical milk powder price cartel are: Biostine, Mead Johnson, Dumex, Abotts Lab, FrieslandCampina, Wyeth, Fonterra, Beignmate and Meiji.
- 126.
The firms active in the vertical eyeglass cartel are: Essilor International SA of France, Germany’s Car Zeiss AG, the Japanese firms Hoya Corp. and Nikon Corp.; and Bausch + Lomb owned by Canada’s Valeant Pharmaceuticals International Inc and the Chinese firm Shanghai Weicon Optics Co.
- 127.
See Staff Reporter (2014).
- 128.
See Modrall and Hu (2014), p. 3.
- 129.
Modrall and Hu (2014), p. 4.
- 130.
See Modrall and Hu (2014), p. 2.
- 131.
See MLex Staff (2014).
- 132.
See Modrall and Hu (2014), pp. 2–3.
- 133.
See Modrall and Hu (2014), p. 3.
- 134.
See Gibson Dunn (2014), pp. 1–2.
- 135.
Cf. MLex Staff (2014).
- 136.
See MLex Staff (2014).
- 137.
See Hong (2015), pp. 92–104.
- 138.
- 139.
See Hong (2015).
- 140.
- 141.
See Williams (2013), pp. 88–118.
- 142.
- 143.
See supra Sect. 4.3.
- 144.
See supra Sect. 4.3.
- 145.
See, e.g., Modrall and Hu (2014).
- 146.
SAIC has tried to limit the flexibility by stating that the time of application, the importance of the evidence, the relevance of the information and the cooperation during the investigation are factors to be taken into consideration when the level of reduction has to be determined. However, these guidelines still do not reveal much about the final degree of leniency.
- 147.
The condition of continuous cooperation has also not been incorporated in the text of the leniency policies. Continuous cooperation may be a helpful condition to construe material evidence in a liberal way. If material evidence is being regarded as any kind of evidence that can contribute to the discovery of a cartel and, eventually, the conviction, it may be necessary for the enforcement agency to further rely on the leniency applicants. The enforcement agency can guide the leniency applicant through the process of supplementing its original information with other information relevant for the discovery and conviction of the cartel. Even though continuous cooperation is a condition not explicitly expressed in the rules determining the leniency policies, it would be possible to construct this obligation out of the ‘material evidence’ condition. Material evidence could be regarded as any kind of information that contributes to the discovery and conviction of a cartel. However, information provided to the enforcement agencies could lose their status of important if the leniency applicant refrains from continuous operation with either of the enforcement agencies. In doing so, firms can come forward with a good cartel story and further be guided by the enforcement agency in supplementing that story with more relevant information. Willfully refusing to cooperate could then render the good cartel story unimportant. Other cartel participants that have in the meanwhile applied could than overtake the first position and still be granted immunity. However, this is not an uncertainty in the head of the firm anymore. The firm has control over its efforts to further cooperate.
- 148.
See Beaton-Wells (2013), pp. 184–186.
- 149.
See Eichner (2012), p. 615.
- 150.
See, e.g., Eichner (2012), pp. 614–615.
- 151.
See Wang (2014). See also Emch (2014), pp. 223–229 and 238 (arguing that both NDRC and SAIC have expanded their scope, thus enforcing beyond their respective competences without the other agency taking an initiative to investigate the same case. This suggests that there is a principle of ‘first come, first serve’. The author mentions that this is also the principle advocated by the NDRC and SAIC officials at conferences).
- 152.
In order to remedy this situation, NDRC and SAIC should implement a marker system. A formal procedure could be followed and the rules could be changed to incorporate the marker system. However, with a few practical changes, NDRC and SAIC could achieve a similar result. Each of the enforcement agencies could install a single fax number. The order of application would be determined based upon the receipt of the fax. In order not to trump the order of the incoming faxes, NDRC and SAIC should conceptualize the material evidence conditional in a very liberal way. The submission of information that could reveal a cartel, in short ‘a good cartel story,’ should be sufficient in order to make this operational.
References
Atiyah PS, Summers RS (1978) Form and substance in Anglo-American law: a comparative study in legal reasoning, legal theory, and legal institutions. Clarendon Press, Oxford
Beaton-Wells C (2013) The ACCC immunity policy for cartel conduct: due for review. Aust Bus Law Rev 41:171–213
Beaton-Wells C (2014) Immunity policy: revolution or religion? An Australia case study. J Antitrust Enforc 2:126–169
Beaton-Wells C, Tran C (eds) (2015) Anti-cartel enforcement in a contemporary age. Hart Publishing, Oxford
Chen ACM (2013) The LCD cartel: impacts and implications for the competition policy of Taiwan. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2498561. Accessed 23 July 2015
Cseres KJ, Schinkel MP, Vogelaar FOW (2006) Law and economics of criminal antitrust enforcement: an introduction. In: Cseres KJ, Schinkel MP, Vogelaar FOW (eds) Criminalization of competition law enforcement: economic and legal implications for the EU member states. Edward Elgar, Cheltenham, pp 1–10
Deng F, Zhang Y (2014) Interview with Xu Kunlin, director general of the bureau of price supervision and anti-monopoly under the national development and reform commission of the People’s Republic of China. Antitrust Source 13–6:3
Department of Justice (1978) Corporate leniency policy (4 October 1978). Trade Reg Rep (CCH) par. 50,388
Department of Justice (1993) US corporate leniency policy (10 August 1993). http://www.justice.gov/sites/default/files/atr/legacy/2007/08/14/0091.pdf. Accessed 12 July 2015
Department of Justice (1994) Leniency policy for individuals (10 August 1994). http://www.justice.gov/sites/default/files/atr/legacy/2006/04/27/0092.pdf. Accessed 23 July 2015
Editorial Board (2012) China’s NDRC uses leniency program to uncover and punish cartel members. http://blogs.orrick.com/antitrust/2012/12/03/chinas-ndrc-uses-leniency-program-to-uncover-and-punish-members-of-cartel/. Accessed 23 July 2015
Eichner AW (2012) Battling cartels in the new era of Chinese antitrust enforcement. Tex Int Law J 47:587–616
Emch A (2014) Chinese antitrust institutions: many cooks in the kitchen. Compet Policy Int 10:217–240
European Commission (1996) Commission notice on non-imposition or reduction of fines in cartel cases, O.J. C207/4
European Commission (2002) Commission notice on immunity from fines and reduction of fines in cartel cases, O.J. C45/3
European Commission (2006) Commission notice on immunity from fines and reduction of fines in cartel cases, O.J. C298/17
Foster A (2015) China. In: Groshinski K, Davies C (eds) Competition law in Asia Pacific. Wolters Kluwer, The Hague, pp 93–166
Gibson Dunn (2014) 2014 Mid-year criminal antitrust and competition law update. http://www.gibsondunn.com/publications/Documents/2014-Mid-Year-Criminal-Antitrust-and-Competition-Law-Update.pdf. Accessed 23 July 2015
Griffin J (2003) The modern leniency program after ten years – a summary overview of the Antitrust Division’s criminal enforcement program. Paper presented at the American Bar Association Annual Meeting August 12, 2003 in San Francisco. http://www.justice.gov/atr/public/speeches/201477.htm. Accessed 23 July 2015
Hao Q (2013) The multiple hands: institutional dynamics of China’s competition regime. In: Emch A, Stallibras D (eds) China’s anti-monopoly law: the first five years. Wolters Kluwer, The Hague, pp 15–34
Harris HS Jr, Wang P, Zhang Y, Cohen MA, Evrard SJ (2011) Anti-monopoly law and practice in China. Oxford University Press, Oxford
Hong Y (2015) Fanlongduan Fa Kuanshu Zhidu De Zhonguo Shijian Ji Lilun Fansi [Chinese practices on leniency policy and theoretical rethinking]. Zheng Zhi Yu Fa lv [Polit Sci Law] 5:92–104
Huang Y, Zhang Z (2011) Study on frontier issues and the future of regulations over monopoly agreements in China. In: Faure M, Zhang X (eds) Competition policy and regulation: recent developments in China, the US and Europe. Edward Elgar, Cheltenham
ICN (2009) Anti-cartel enforcement manual. http://www.internationalcompetitionnetwork.org/uploads/library/doc341.pdf. Accessed 23 July 2015
JFTC (2005) Rules on reporting and submission of materials regarding immunity from or reduction of surcharges (Fair Trade Commission Rule No. 7). http://www.jftc.go.jp/en/legislation_guidelines/ama/pdf/immunity.pdf. Accessed 23 July 2015
JFTC (2009) Summary of the Antimonopoly Act amendment bill. http://www.jftc.go.jp/en/pressreleases/yearly-2009/mar/2009-Mar-4.html. Accessed 23 July 2015
Joshua JM (2007) The uncertain feeling: the commission’s 2002 leniency notice. In: Ehlermann CD, Atanasiu I (eds) European Competition Law Annual 2006: enforcement of prohibitions of cartels. Hart Publishing, Oxford, pp 511–542
Kobayashi BH (2001) Antitrust, agency, and amnesty: an economic analysis of the enforcement of antitrust laws against corporations. George Washington Law Rev 69:715–744
Leslie C (2011) Editorial: antitrust leniency programmes. Compet Law Rev 7:175–179
Lin P, Qiao Y (2015) Understanding the economic factors that have affected China’s antimonopoly law. In: Gal MS, Bakhoum M, Drexl J, Fox EM, Gerber DJ (eds) The economic characteristics of developing jurisdictions: the implications for competition law. Edward Elgar, Cheltenham, pp 141–152
Linklaters (2010) Order of the state administration for industry and commerce No. 53. http://www.linklaters.com/pdfs/mkt/london/1a.pdf. Accessed 23 July 2015
Lou B (2010) Fanlongduan fa kuanshu zhidu de lilun jichu yu shixiao baozhang [The theoretical basis and effective enforcement of leniency policy]. Fa Lv Ke Xue/ Xibei Zhengfa Daxue Xuebao [Sci Law/J Northwest Univ Polit Sci Law] 5:84–92
MLex Staff (2014) Comment: China leniency program gives whistleblowers pause. http://awards.concurrences.com/IMG/pdf/mlex_china_leniency_gao_nylen-1.pdf. Accessed 23 July 2015
Modrall J, Hu S (2014) NDRC’s recent cartel decisions shed further light on Chinese leniency policy. Kluwer Competition Law Blog. http://kluwercompetitionlawblog.com/2014/11/06/ndrcs-recent-cartel-decisions-shed-further-light-on-chinese-leniency-policy/. Accessed 23 July 2015
MOFCOM (2008) Anti-monopoly law of the People’s Republic of China. http://english.mofcom.gov.cn/article/policyrelease/Businessregulations/201303/20130300045909.shtml. Accessed 23 July 2015
NDRC (2010a) Order no. 7: rules on anti-price monopoly (29 December 2010) (Chinese version). http://www.gov.cn/flfg/2011-01/04/content_1777969.htm. Accessed 23 July 2015
NDRC (2010b) Order no. 8: procedural rules on administrative enforcement of anti-price monopoly (29 December 2010) (Chinese version). http://www.sdpc.gov.cn/fzgggz/jgjdyfld/fjgld/201402/t20140228_588564.html. Accessed 23 July 2015
Oded S (2013) Leniency and compliance: towards an effective leniency policy in the Chinese anti-monopoly law. In: Faure M, Zhang X (eds) The Chinese anti-monopoly law: new developments and empirical evidence. Edward Elgar, Cheltenham, pp 142–164
Orrick (2013) Chinese authorities fine LCD cartel members in NDRC’s first global cartel decision. https://www.orrick.com/Events-and-Publications/Pages/Chinese-Authorities-Fine-LCD-Cartel-Members-in-NDRCs-First-Global-Cartel-Decision.aspx. Accessed 23 July 2015
SAIC (2009) Order no 42: procedural rules on administrative authority of industry and commerce on investigating and handling cases of monopoly agreements and abuse of dominant market position (26 May 2009). http://www.linklaters.com/pdfs/mkt/london/1d.pdf. Accessed 23 July 2015
SAIC (2010) Order no. 53: procedural rules for prohibition by administrative authority for industry and commerce against monopoly agreements (31 December 2010) (Chinese version). http://www.saic.gov.cn/zwgk/zyfb/zjl/fld/201101/t20110104_103266.html. Accessed 23 July 2015
Staff Reporter (2014) Lens companies fined US$ 3m for price fixing in China. http://www.wantchinatimes.com/news-subclass-cnt.aspx?id=20140531000057&cid=1206. Accessed 23 July 2015
Stephan A (2005) An empirical assessment of the 1996 leniency notice (CCP working paper 05-10). http://papers.ssrn.com/sol3/papers.cfm?abstract_id=911592. Accessed 23 July 2015
Stephan A, Nikpay A (2014) Leniency theory and complex realities (CCP working paper 14-8). http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2537470. Accessed 23 July 2015
Summers RS (1992) The formal character of law. Cambridge Law J 51:242–262
USCBC (2015) Update: competition policy & enforcement in China. https://www.uschina.org/sites/default/files/2015.05%20USCBC%20Update%20on%20Competition%20Enforcement%20in%20%20China.pdf. Accessed 23 July 2015
Van den Bergh R, Faure M (2011) Critical issues in the enforcement of the anti-monopoly law in China: a law and economics perspective. In: Faure M, Zhang X (eds) Competition policy and regulation: recent developments in China, the US and Europe. Edward Elgar, Cheltenham, pp 54–75
Van Uytsel S (2008) A comparative US and EU perspective on the Japanese antimonopoly law’s leniency program. Hosei Kenkyu 75:F1–F58
Van Uytsel S (2012) The hybridization of competition law enforcement: some lessons from Japan’s introduction of the leniency program (ASLI Working Paper Series No. 27 August). http://law.nus.edu.sg/asli/pdf/WPS027.pdf. Accessed 23 July 2015
Van Uytsel S (2014) The international competition network, its leniency best practice and legitimacy: an argument for introducing a review system. In: Fenwick M, Van Uytsel S, Wrbka S (eds) Networked governance, transnational business and the law. Springer, Berlin, pp 185–230
Van Uytsel S (2015a) Leniency under the Japanese antimonopoly law: towards the end of the cartel archipelago? In: Cheng T, Marco Colino S, Ong B (eds) Cartels in Asia: law and practice. Wolters Kluwer, Hong Kong, pp 67–107
Van Uytsel S (2015b) Anti-cartel enforcement in Japan: does leniency make the difference? In: Beaton-Wells C, Tran C (eds) Anti-cartel enforcement in a contemporary age. Hart Publishing, Oxford, pp 82–106
Wang X (2014) The multiple enforcers of the Chinese antimonopoly law: justifications, conflicts and solutions. Unpublished master thesis, Graduate School of Law, Kyushu University (on file with the author)
Wang X, Su J (2012) Competition law in China. Wolters Kluwer, Alphen aan de Rijn
Williams M (2013) China. In: Williams M (ed) The political economy of competition law in Asia. Edward Elgar, Cheltenham, pp 4–118
Wollf L-C (2011) Law and flexibility – rule of law limits of a rhetorical silver bullet. J Juris 11:549–567
Xu G (2015) Fanlongduan fa shang de kateer kuanda zhidu [Leniency policy towards cartel activities]. Zheng Fa Lun Cong [J Polit Sci Law] 3:110–119
Xue Q, Yang X (2013) Anti-cartel law and enforcement in China: a survey. In: Emch A, Stallibras D (eds) China’s anti-monopoly law: the first five years. Wolters Kluwer, The Hague, pp 83–94
Yang J (2013) SAIC’s antitrust enforcement practice: the progress made in the past five years. In: Emch A, Stallibras D (eds) China’s anti-monopoly law: the first five years. Wolters Kluwer, The Hague, pp 377–388
Zhang C (2008) Lun kateer shemian zhidu yuanli: jianyi woguo fanlongduan fa di 46 tiao zhi shiyong [On the leniency program: the application of Article 46 of CAML]. Qing Hua Fa Xue [Tsinghua Law Rev] 1:66–77
Zhang AH (2014) Bureaucratic politics and China’s anti-monopoly law. Cornell Int Law J 47:671–707
Zhang X, Zhang VY (2012) New wine into old wineskins: recent developments in China’s competition policy against monopolistic/collusive agreements. Rev Ind Organ 41:53–75
Zhang X, Zhang VY (2013) New developments in China’s competition policy against monopolistic/collusive agreements. In: Faure M, Xu G (eds) Economics and regulation in China. Routledge, Oxon, pp 109–132
Zhong Lun Law Firm (2013) NDRC steps ups enforcement of price-related monopolistic behavior. http://www.zhonglun.com/UpFile/File/20130926135446608.pdf. Accessed 23 July 2015
Acknowledgements
This chapter has benefited from a grant of the Japan Society for the Promotion of Science – Grants-in-Aid for Scientific Research © No. 15K03152, “Anti-Cartel Enforcement: Towards a Holistic Understanding of Leniency Policies.” The authors would also like to thank the participants of the Asian Competition Forum’s 9th annual conference (8 December 2013), where an earlier draft of this paper was presented under the title “Economic integration through Effective Competition Enforcement: Rethinking the Chinese Leniency Program”.
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2016 Springer Japan
About this chapter
Cite this chapter
Van Uytsel, S., Bi, Y. (2016). Delayed Leniency Applications: The Unfortunate But Predictable Outcome of the Flexible Leniency Policies Under the Chinese Antimonopoly Law. In: Fenwick, M., Wrbka, S. (eds) Flexibility in Modern Business Law. Springer, Tokyo. https://doi.org/10.1007/978-4-431-55787-6_6
Download citation
DOI: https://doi.org/10.1007/978-4-431-55787-6_6
Published:
Publisher Name: Springer, Tokyo
Print ISBN: 978-4-431-55786-9
Online ISBN: 978-4-431-55787-6
eBook Packages: Law and CriminologyLaw and Criminology (R0)