FAS PRESENTED AN OVERVIEW OF LENIENCY PROGRAMS IN CARTEL CASES IN THE BRICS COUNTRIES
Maxim Shaskolsky, Head of FAS Russia, spoke about the prepared document at the 8th BRICS International Conference on Competition in New Delhi, India
Cartels are recognized worldwide as one of the most dangerous forms of restriction of competition. An effective mechanism for detecting such violations, including in the BRICS countries, is the leniency program. As part of it, participants of the anticompetitive agreement report on their actions and provide the antimonopoly authority with evidence of the existence of the cartel. Therefore, the regulator provides participants with immunity from prosecution or mitigates penalties.
In 2020, it was decided to prepare a consolidated document on such programs in the countries of the association. Its purpose is to raise awareness about the specifics of providing mitigation of liability for cartel participants in the BRICS countries. It will increase the frequency of use of this program and, consequently, reduce the number of violations.
FAS Russia organized the review within the framework of the BRICS Working Group on Cartels.
The review is a large-scale and in-depth analysis of leniency programs in all BRICS countries. It describes the procedure for submitting an application for mitigation of liability and its withdrawal, as well as the specifics of consideration by the antimonopoly authority of such applications and the procedure for mitigating liability.
Besides, the review highlights the issues of handling confidential information. A separate section of the document concerns penalties in the BRICS countries for its disclosure. This approach helps to increase the level of trust between the company and the regulator.
In addition, the document contains information about the largest and the most precedent cartels identified by the BRICS competition agencies through leniency programs over the past 5 years.
During his speech, Head of FAS Russia spoke also about the current activities of FAS Russia and prospective areas of cooperation between BRICS competition agencies, including within the framework of the Coordination Committee on antimonopoly policy and Working Groups for the Research of Competition Issues in Socially Important Markets.
He noted that the consolidation of the efforts of the BRICS regulators is especially necessary in the context of the globalized economy. It contributes to strengthening cooperation in the field of competition and improving the effectiveness of antimonopoly regulation in the countries of the association.