Challenges and co-ordination of leniency programmes – HONG KONG COMPETITION COMMISSION – June 2018 OECD discussion

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OECD Directorate for Financial and Enterprise Affairs

This presentation by Brent Snyder, Chief Executive Officer, Competition Commission of Hong Kong, was made during the discussion “Challenges and co-ordination of leniency programmes” held at the 127th meeting of the OECD Working Party No. 3 on Co-operation and Enforcement on 5 June 2018. More papers and presentations on the topic can be found out at oe.cd/2gt.

Présentations et discours publics

Keys to an Effective Leniency Program &
Challenges of Proliferation
April 2015
Brent Snyder
Hong Kong Competition Commission
Challenges and Co-ordination of Leniency Programmes
OECD
5 June 2018
1

Keys to an Effective Leniency Program
Create Strong Incentives for Leniency
• Track record of successful ex officio investigations
• Risk of serious corporate sanctions
• Risk of individual sanctions
• Leniency Plus
Create Serious Consequences for Not Obtaining Leniency
• Seek tough individual and corporate sanctions
• Mitigation of private damages
• “Penalty Plus”
Be Transparent and Predictable
• When in doubt, err in favor of leniency
• Make necessary but reasonable demands
2

Challenges to Leniency in
International Cartel Investigations
Proliferation of Leniency and Private Enforcement
• Far greater time and expense to cooperate
• Far greater civil exposure
• Far greater risk if not seeking leniency in every affected
jurisdiction
3

Proliferation of Leniency and Private
Enforcement
Potential Remedies
• Procedural and substantive convergence
• Marker standards, proffer deadlines, and internal
investigations requirements
• No mandatory confidentiality waivers
• More focused investigations
• Better investigative coordination
• Witnesses and witness statements
• Immunity for, or mitigation of, civil exposure
• Stronger leniency confidentiality protections
• Whistleblower rewards
4

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