United Kingdom: New Fault Lines In International Cartel Enforcement And Administration Of Leniency Programs – Disclosure Of Immunity Applicant Statements
Article by Marc Hansen, Luca Crocco, and Susan
Kennedy1
INTRODUCTION
Recent rulings by courts in a number of jurisdictions (UK,
Australia, United States, and the European Union) are resulting in
increased disclosure of oral statements and interview materials
produced by leniency applicants.2 Increased disclosure
of leniency material may affect the willingness of immunity
applicants to report cartel conduct in certain jurisdictions,
create disincentives for comprehensive internal investigations, and
cause immunity and leniency applicants to circumscribe more
narrowly statements of collusive conduct provided to enforcement
authorities.
These developments – when combined with an increasing
number of jurisdictions with immunity and amnesty policies
– may lead amnesty applicants away from parallel
applications in multiple jurisdictions, and instead to focus on
those...
Specific Questions relating to this article should be addressed directly to the author.
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