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Leniency Programs in a Multimarket Setting: Amnesty Plus and Penalty Plus

Author

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  • Catherine Roux
  • Thomas von Ungern-Sternberg

Abstract

We examine the effects of Amnesty Plus and Penalty Plus, influencing firms’ whistle blowing incentives in one market, on their self-reporting decision in another market. Amnesty Plus and Penalty Plus are proactive US strategies which aim at triggering multiple confessions by increasing the incentives of already convicted firms to report in another market where they collude. Predictably, conditional on conviction of one cartel, Amnesty Plus and Penalty Plus strengthen firms’ incentives to report the remaining cartel. However, Amnesty Plus and Penalty Plus have an ambiguous impact on firms’ incentives to apply for amnesty in the first place: On the one hand, Amnesty Plus and Penalty Plus may help to sustain a cartel, otherwise reported under the EC policy. On the other hand, Amnesty Plus and Penalty Plus may induce immediate reporting of both cartels whereas only one of them would have been reported under the EC Leniency Program.

Suggested Citation

  • Catherine Roux & Thomas von Ungern-Sternberg, 2007. "Leniency Programs in a Multimarket Setting: Amnesty Plus and Penalty Plus," CESifo Working Paper Series 1995, CESifo Group Munich.
  • Handle: RePEc:ces:ceswps:_1995
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    File URL: http://www.cesifo-group.de/DocDL/cesifo1_wp1995.pdf
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    References listed on IDEAS

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    1. John M. Connor, 2000. "Archer Daniels Midland:Price Fixer To The World," Working Papers 00-11, Purdue University, College of Agriculture, Department of Agricultural Economics.
    2. Joseph E. Harrington, Jr, 2005. "Optimal Corporate Leniency Programs," Economics Working Paper Archive 527, The Johns Hopkins University,Department of Economics.
    3. Motta, Massimo & Polo, Michele, 2003. "Leniency programs and cartel prosecution," International Journal of Industrial Organization, Elsevier, vol. 21(3), pages 347-379, March.
    4. Connor, John M., 2000. "Archer Daniels Midland: Price-Fixer To The World," Staff Papers 28664, Purdue University, Department of Agricultural Economics.
    5. B. Douglas Bernheim & Michael D. Whinston, 1990. "Multimarket Contact and Collusive Behavior," RAND Journal of Economics, The RAND Corporation, vol. 21(1), pages 1-26, Spring.
    6. Motchenkova, E. & Laan, R., 2005. "Strictness of Leniency Programs and Cartels of Asymmetric Firms," Discussion Paper 2005-74, Tilburg University, Center for Economic Research.
    7. Harrington, Joseph E, Jr, 1987. "Collusion in Multiproduct Oligopoly Games under a Finite Horizon," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 28(1), pages 1-14, February.
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    Cited by:

    1. Lefouili, Yassine & Roux, Catherine, 2012. "Leniency programs for multimarket firms: The effect of Amnesty Plus on cartel formation," International Journal of Industrial Organization, Elsevier, vol. 30(6), pages 624-640.
    2. Jeroen Hinloopen & Adriaan Soetevent, 2008. "From Overt to Tacit Collusion," Tinbergen Institute Discussion Papers 08-059/1, Tinbergen Institute.
    3. Natalia Pavlova & Andrey Shastitko, 2014. "Effects Of Hostility Tradition In Antitrust: Leniency Programs And Cooperation Agreements," HSE Working papers WP BRP 58/EC/2014, National Research University Higher School of Economics.
    4. Jay Pil Choi & Heiko Gerlach, 2012. "International Antitrust Enforcement And Multimarket Contact," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 53(2), pages 635-658, May.
    5. Emilie Dargaud & Armel Jacques, 2015. "Endogenous firms’ organization, internal audit and leniency programs," Working Papers 1524, Groupe d'Analyse et de Théorie Economique Lyon St-Étienne (GATE Lyon St-Étienne), Université de Lyon.
    6. Jay Pil Choi & Heiko Gerlach, 2013. "Multi-Market Collusion with Demand Linkages and Antitrust Enforcement," Journal of Industrial Economics, Wiley Blackwell, vol. 61(4), pages 987-1022, December.
    7. repec:eee:rujoec:v:2:y:2016:i:4:p:375-401 is not listed on IDEAS
    8. Choi, Jay Pil & Gerlach, Heiko, 2012. "Global cartels, leniency programs and international antitrust cooperation," International Journal of Industrial Organization, Elsevier, vol. 30(6), pages 528-540.
    9. Amegashie, J. Atsu & Ouattara, Bazoumanna & Strobl, Eric, 2007. "Moral Hazard and the Composition of Transfers: Theory with an Application to Foreign Aid," MPRA Paper 3158, University Library of Munich, Germany, revised 06 May 2007.
    10. Sánchez Navarro, Dennis, 2013. "Eficacia y asimetrías de los programas de delación en un contexto multi-mercado: un análisis del caso colombiano en el marco del TLC con Estados Unidos
      [Efficacy and asymmetries of the leniency pro
      ," MPRA Paper 48699, University Library of Munich, Germany.

    More about this item

    Keywords

    Amnesty Plus; self-reporting; antitrust; multimarket contact;

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • L41 - Industrial Organization - - Antitrust Issues and Policies - - - Monopolization; Horizontal Anticompetitive Practices

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