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The Dutch Leniency Programme Turns 18: journal article

Still Having a Hoot, or Pause for Thought?

Nicole Rosenboom

European Competition and Regulatory Law Review, Volume 4 (2020), Issue 3, Page 194 - 201

Eighteen years ago, the Dutch leniency programme was introduced. The success of the leniency programme is closely linked to the developments around damages claims and firms’ awareness of the impact of other forms of damages. This article looks at past developments in cartel enforcement policy, the impact of damages claims, and deterrent effect of the leniency programme on new and existing cartels and its impact on the number of cartel cases in the Netherlands. It seems that private damages claims are growing up fast, and may well outgrow their younger sibling in terms of their deterrent effect. Keywords: leniency; ACM; private damages; deterrence effect; whistle blower


A Quantitative Analysis of the Efficiency of the EU’s Leniency Policy journal article

Lynn Vanhaverbeke, Caroline Buts

European Competition and Regulatory Law Review, Volume 4 (2020), Issue 1, Page 12 - 22

Leniency policies constitute an essential part of antitrust enforcement. They are crucial for the detection as well as the deterrence of anticompetitive behaviour. While the usefulness of such policies is beyond doubt, and despite a wide range of theoretical models, very few studies quantitatively investigate their efficiency. By means of regression and variance analyses, this article studies the effects of the EU’s leniency policy from 1985 until 2017. More specifically, we analyse whether the leniency notice i) influences the amount of information that companies reveal to the European Commission, and ii) impacts the duration of the Commission’s investigation. We find that leniency policy leads companies to reveal more information regarding the anticompetitive conduct. Interestingly, leniency also increases the length of investigation procedures. Keywords: leniency policy; efficiency; provision of information; duration of investigation