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Challenges and co-ordination of leniency programmes – OECD – June 2018 discussion


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This presentation by Michael SALLER, Senior Expert at the OECD Competition Division,
was made during the discussion “Challenges and co-ordination of leniency programmes” held at the 127th meeting of the OECD Working Party No. 3 on Co-operation and Enforcement on 5 June 2018. More papers and presentations on the topic can be found out at

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Challenges and co-ordination of leniency programmes – OECD – June 2018 discussion

  1. 1. CHALLENGES AND CO- ORDINATION OF LENIENCY PROGRAMMES Michael Saller, Senior Expert Competition Division, OECD 5 June 2018
  2. 2. • Rationale of a leniency policy - Detection - Deterrence - Enforcement efficiency • Conditions for an effective leniency policy - High risk of detection - Significant sanctions - Transparency and predictability I. Rationale and conditions for a leniency policy
  3. 3. • Private Enforcement - Esp. discovery of leniency documents • Criminalisation - Do criminal sanctions increase or prevent leniency applications? • Settlements - Different objectives but not mutually exclusive concepts II. Challenges to align leniency with other public policies
  4. 4. • Costs of multi-jurisdictional applications • Managing legal requirements • Differences in marker systems III. Challenges in Co-operation
  5. 5. • Strategic use of leniency by companies for their own purposes • Securing full and continuous co-operation of immunity applicants IV. Further Challenges
  6. 6. Thank you!