Should the ringleader be excluded from leniency? : Previous economic researches and the 2022 U.S. Leniency Policy Updates

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Bibliographic Information

Other Title
  • 首謀者はリーニエンシー制度から除外すべきか？ : 先行研究からの知見と2022年米国リーニエンシーポリシー改正の意義

Abstract

The ringleaders of crimes will be punished severely. But we give leniency to those who, even if they are ringleaders, report crimes." This common-sense judgment turns into a complex issue when it comes to the application of leniency to cartel ringleaders. In this paper, I ask, "Should cartel ringleaders be granted benefits in cartel leniency?" and show that a system that heavily penalizes ringleaders but does not exclude them from the leniency system is preferable in light of previous studies. In addition, the 2022 change in the U.S. leniency policy shifted the requirement for exclusion from the leniency system from formal requirements such as "originator" and "initiator" to a substantive requirement of "influence" and "trust" on the part of those who have given "influence" and "trust. This substantive requirement is determined by culpability relative to other participants. We will also show that if this culpability is interpreted in favor of granting leniency as much as possible, it can be evaluated as a desirable institutional reform.

Journal

  • 都市政策科学

    都市政策科学 4 (1), 1-11, 2024-04

    「都市政策科学」編集委員会

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