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Www.ccs.gov.sg 31 January 2013 Leniency Fundamentals – How to Design & Implement an Effective Leniency Program.

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Presentation on theme: "Www.ccs.gov.sg 31 January 2013 Leniency Fundamentals – How to Design & Implement an Effective Leniency Program."— Presentation transcript:

1 31 January 2013 Leniency Fundamentals – How to Design & Implement an Effective Leniency Program

2 Outline

3 Introduction to CCS

4 Implementation of Leniency Program Mar Competition Act comes into Force CCS begins enforcement of the Act Study and Review of Leniency programs from other jurisdictions CCS introduces Leniency Guidelines Formally

5 CCS’ Leniency Regime – Key Features i.Leniency Programme since 2009 ii.1 successful leniency case - Electric Works Case iii.Increasing trend of international cartel applications iv.Challenges

6 CCS’ Leniency Regime – Key Features i.Immunity from Financial Penalties for 1 st applicant ii.Up to 50% reduction for subsequent applicants iii.Initial contact & Marker System iv.Invited Leniency v.Leniency Plus

7 Outreach & Advocacy – Before Implementation Educating Businesses Ensuring Internal Framework / Processes strong Safeguards

8 Outreach & Advocacy – After Implementation Guidelines Manga Comics Information Booklets Talks to Stakeholders Animation Contests Website Links

9 i.Information Sharing ii.Different Enforcement Regimes iii.Right against self- incrimination Cooperation i.Process ii.Identity of Individual iii.Identity of Undertaking Practical Challenges Confidentiality i.Big MNCs ii.Due Diligence iii.Own statement or Applicant’s Managing Applicant

10 Pro Arguments  Potential for quicker resolution  Enhances effectiveness  Coordination of Investigations  Capacity Building Contra Arguments  Criminal vs Civil Regimes  Privilege against self-incrimination  Disincentive to seek leniency  Divergence in leniency frameworks Practical Challenges

11 Improvements & Revisions i.Periodic Review – Guidelines ii.Update of Internal Procedure Manuals iii.Alignment of Processes

12 Harikumar Sukumar Pillay Deputy Director (Enforcement) Legal & Enforcement Championing Competition for growth and choice Thank you. Questions?


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