Leniency to Combat Hard Core Cartels : Policy Guidance to Strengthen the Indonesian Competition Framework (Anglais)

Indonesia has the possibility of incorporating effective tools to combat cartels in its competition law. Hard core cartels, agreements among competitors to fix prices, divide or share markets, restrict output, rig bids in tenders, or divide or share markets...  Voir la suite Indonesia has the possibility of incorporating effective tools to combat cartels in its competition law. Hard core cartels, agreements among competitors to fix prices, divide or share markets, restrict output, rig bids in tenders, or divide or share markets - are the most harmful violation of competition law, burdening consumers (families, businesses and governments) worldwide with multibillion-dollar losses each year. International experience has demonstrated the effectiveness of leniency to destabilize and deter hard core cartels, with several jurisdictions introducing leniency programs, or taking measures to strengthen existing ones. The term leniency refers to a system of pardon and reduction of fines and sanctions that will otherwise be applicable to a cartel participant, in exchange for reporting on illegal anticompetitive activities and supplying information or evidence that can strengthen a cartel investigation. Leniency programs are effective when there are clear and high sanctions for infringements, the probability to detect a cartel is not low (i.e. competition authorities have the tools to detect cartels), their design reduces the cost of reporting a cartel and rewards the applicant to the highest extent possible, and there is appropriate dissemination and engagement with the business community to encourage use of the program. Key concepts underpin a well-designed leniency program including clarity on the practices it covers, rules on conditions to grant immunity and fine reductions to the first and subsequent applicants, evidentiary standards for information received, and rules to ensure transparency, confidentiality, and predictability, among others.  Réduire