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Quid-Pro-Quo or Winner-Takes-It-All? An Analysis of Corporate Leniency Programs and Lessons to Learn for EU and US Policies

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Author Info
Feess,Eberhard
Walzl,Markus (METEOR)

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Abstract

We develop a model that allows for a comparison of corporate leniency programs for cartel behavior as enacted e.g. in the USA and the EU. Although all programs are based on the idea that the ex ante expected fine can be increased by granting fine reductions for self-reporting firms, these programs differ considerably in how this basic idea is legally implemented. Differences include the fine reductions granted for first and second self-reporters, the role of the amount of evidence provided, and the impact of whether the case is already under investigation. We elaborate on the role of asymmetric information to derive the optimal degree of leniency, and we apply our findings to compare the programs in the US and the EU and to evaluate the modifications of the EU policy in 2002.

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Paper provided by Maastricht : METEOR, Maastricht Research School of Economics of Technology and Organization in its series Research Memoranda with number 039.

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Date of creation: 2005
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Handle: RePEc:dgr:umamet:2004039

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Keywords: public economics ;

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  1. Kaplow, Louis & Shavell, Steven, 1994. "Optimal Law Enforcement with Self-Reporting of Behavior," Journal of Political Economy, University of Chicago Press, vol. 102(3), pages 583-606, June. [Downloadable!] (restricted)
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  2. Innes, Robert, 1999. "Remediation and self-reporting in optimal law enforcement," Journal of Public Economics, Elsevier, vol. 72(3), pages 379-393, June. [Downloadable!] (restricted)
  3. Innes, Robert, 2000. "Self-Reporting in Optimal Law Enforcement When Violators Have Heterogeneous Probabilities of Apprehension," Journal of Legal Studies, University of Chicago Press, vol. 29(1), pages 287-300, January.
  4. Eberhard Feess & Markus Walzl, 2004. "Self-reporting in Optimal Law Enforcement when there are Criminal Teams," Economica, London School of Economics and Political Science, vol. 71(283), pages 333-348, 08. [Downloadable!] (restricted)
  5. repec:bep:dewple:2003-1-1077 is not listed on IDEAS
  6. Motta, Massimo & Polo, Michele, 2003. "Leniency programs and cartel prosecution," International Journal of Industrial Organization, Elsevier, vol. 21(3), pages 347-379, March. [Downloadable!] (restricted)
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  7. Livernois, John & McKenna, C. J., 1999. "Truth or consequences: Enforcing pollution standards with self-reporting," Journal of Public Economics, Elsevier, vol. 71(3), pages 415-440, March. [Downloadable!] (restricted)
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