IDEAS home Printed from https://ideas.repec.org/a/nos/vgmu00/2016i3p91-120.html
   My bibliography  Save this article

Should "What is Done by Night Appear by Day"? An Optimal Design of the Leniency Program to Investigate Collusion

Author

Listed:
  • Gyuzel Yusupova
  • Evgeniy Nesterenko

Abstract

Recent trends in the regulation of antitrust legislation have shown that it is necessary to review the policy on the method of cartel deterrence. First of all, it is connected with the strengthening of the world tendency to collusion at different markets, so new mechanisms are periodically introduced to keep up antitrust law in Russia. The article presents a game-theoretic model of strategic interaction of market participants in the conditions of information asymmetry, firms of collusion and an antimonopoly authority including. In various parameters of the leniency program, market conditions, actions of the antimonopoly authority participants of collusion make a decision about their strategy (to collude, to collude but to cooperate, or not to collude). This model shows that the methods of the antimonopoly authority can be justified if, it uses the factor of uncertainty and riskaverse by collusion participants to increase the incentives of participants not to collude.The model results made it possible to formulate recommendations on improving the design of leniency program in Russia. The following tasks, among others, are singled out as the tasks of first priority: the raise of the maximum penalty, progressive discount decrease to the second and every next collusion participant who confesses, as it is FAS of Russia that has had these powers since the beginning of 2016.

Suggested Citation

  • Gyuzel Yusupova & Evgeniy Nesterenko, 2016. "Should "What is Done by Night Appear by Day"? An Optimal Design of the Leniency Program to Investigate Collusion," Public administration issues, Higher School of Economics, issue 3, pages 91-120.
    • Handle: RePEc:nos:vgmu00:2016:i:3:p:91-120
    as

    Download full text from publisher

    File URL: http://vgmu.hse.ru/data/2016/10/06/1122684647/%D0%AE%D1%81%D1%83%D0%BF%D0%BE%D0%B2%D0%B0,%20%D0%9D%D0%B5%D1%81%D1%82%D0%B5%D1%80%D0%B5%D0%BD%D0%BA%D0%BE%203-2016.pdf
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Zhijun Chen & Patrick Rey, 2013. "On the Design of Leniency Programs," Journal of Law and Economics, University of Chicago Press, vol. 56(4), pages 917-957.
    2. Joseph E. Harrington, 2008. "Optimal Corporate Leniency Programs," Journal of Industrial Economics, Wiley Blackwell, vol. 56(2), pages 215-246, June.
    3. Aubert, Cecile & Rey, Patrick & Kovacic, William E., 2006. "The impact of leniency and whistle-blowing programs on cartels," International Journal of Industrial Organization, Elsevier, vol. 24(6), pages 1241-1266, November.
    4. Joseph E. Harrington Jr, 2013. "Corporate Leniency Programs when Firms have Private Information: The Push of Prosecution and the Pull of Pre-emption," Journal of Industrial Economics, Wiley Blackwell, vol. 61(1), pages 1-27, March.
    5. repec:dau:papers:123456789/13637 is not listed on IDEAS
    6. Svetlana Avdasheva & Andrei Shastitko, 2011. "Russian anti-trust policy: power of enforcement versus quality of rules," Post-Communist Economies, Taylor & Francis Journals, vol. 23(4), pages 493-505, June.
    7. Jeroen Hinloopen & Adriaan R. Soetevent, 2008. "Laboratory evidence on the effectiveness of corporate leniency programs," RAND Journal of Economics, RAND Corporation, vol. 39(2), pages 607-616, June.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Perrotta Berlin, Maria & Spagnolo, Giancarlo & Qin, Bei, 2015. "Leniency, Asymmetric Punishment and Corruption: Evidence from China," SITE Working Paper Series 34, Stockholm School of Economics, Stockholm Institute of Transition Economics, revised 25 May 2017.
    2. Giovanni Immordino & Salvatore Piccolo & Paolo Roberti, 2018. "Optimal Leniency and the Organization Design of Group Delinquency," CSEF Working Papers 503, Centre for Studies in Economics and Finance (CSEF), University of Naples, Italy.
    3. Immordino, Giovanni & Piccolo, Salvatore & Roberti, Paolo, 2020. "Optimal leniency and the organization design of group crime," Journal of Public Economics, Elsevier, vol. 191(C).
    4. Giovanni Immordino & Salvatore Piccolo & Paolo Roberti, 2018. "Criminal Networks, Market Externalities and Optimal Leniency," CSEF Working Papers 519, Centre for Studies in Economics and Finance (CSEF), University of Naples, Italy.
    5. Emons, Winand, 2020. "The effectiveness of leniency programs when firms choose the degree of collusion," International Journal of Industrial Organization, Elsevier, vol. 70(C).
    6. Hinloopen, Jeroen & Onderstal, Sander, 2014. "Going once, going twice, reported! Cartel activity and the effectiveness of antitrust policies in experimental auctions," European Economic Review, Elsevier, vol. 70(C), pages 317-336.
    7. Marvão, Catarina, 2014. "Heterogeneous Penalties and Private Information," Konkurrensverket Working Paper Series in Law and Economics 2014:1, Konkurrensverket (Swedish Competition Authority).
    8. Isogai, Shigeki & Shen, Chaohai, 2023. "Multiproduct firm’s reputation and leniency program in multimarket collusion," Economic Modelling, Elsevier, vol. 125(C).
    9. Zhijun Chen & Patrick Rey, 2013. "On the Design of Leniency Programs," Journal of Law and Economics, University of Chicago Press, vol. 56(4), pages 917-957.
    10. Jun Zhou, 2016. "The dynamics of leniency application and the knock-on effect of cartel enforcement," Working Papers 13042, Bruegel.
    11. Jochem, Annabelle & Parrotta, Pierpaolo & Valletta, Giacomo, 2020. "The impact of the 2002 reform of the EU leniency program on cartel outcomes," International Journal of Industrial Organization, Elsevier, vol. 71(C).
    12. Chen, Zhiqi & Ghosh, Subhadip & Ross, Thomas W., 2015. "Denying leniency to cartel instigators: Costs and benefits," International Journal of Industrial Organization, Elsevier, vol. 41(C), pages 19-29.
    13. Marvao, Catarina & Spagnolo, Giancarlo & Buccirossi, Paolo, 2015. "Leniency and Damages," SITE Working Paper Series 32, Stockholm School of Economics, Stockholm Institute of Transition Economics, revised 13 Jan 2016.
    14. Gamba, Astrid & Immordino, Giovanni & Piccolo, Salvatore, 2018. "Corruption, organized crime and the bright side of subversion of law," Journal of Public Economics, Elsevier, vol. 159(C), pages 79-88.
    15. Jun Zhou, 2016. "The Rise and Fall of Cartels with Multi-market Colluders," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 48(4), pages 381-403, June.
    16. Catarina Marvão & Giancarlo Spagnolo, 2018. "Cartels and leniency: Taking stock of what we learnt," Chapters, in: Luis C. Corchón & Marco A. Marini (ed.), Handbook of Game Theory and Industrial Organization, Volume II, chapter 4, pages 57-90, Edward Elgar Publishing.
    17. Jeroen Hinloopen & Sander Onderstal & Adriaan Soetevent, 2023. "Corporate Leniency Programs for Antitrust: Past, Present, and Future," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 63(2), pages 111-122, September.
    18. Marvao, Catarina, 2014. "Heterogeneous Penalties and Private Information," SITE Working Paper Series 29, Stockholm School of Economics, Stockholm Institute of Transition Economics.
    19. Pavlova, Natalia & Shastitko, Andrey, 2016. "Leniency programs and socially beneficial cooperation: Effects of type I errors," Russian Journal of Economics, Elsevier, vol. 2(4), pages 375-401.
    20. Charistos, Konstantinos & Papadopoulos, Konstantinos G., 2022. "Cartel reporting under passive common ownership," Economics Letters, Elsevier, vol. 216(C).

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:nos:vgmu00:2016:i:3:p:91-120. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Irina A. Zvereva (email available below). General contact details of provider: http://vgmu.hse.ru/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.