By Mfundo Ngobese –
A good corporate leniency program together with a less unified industry, where firms tend to cheat on the cartel arrangement, could be a good recipe for initial significant filings of leniency applications. The ability of a competition authority to detect and obtain information independently is, in no small measure, a contributing factor in incentivizing firms to opt for voluntary disclosure of collusion. It may be advisable to avoid pursuing more involved cooperation at the time of adopting a leniency program but overtime, as the early impact of the leniency program wanes, a more intense cooperation with other regional authorities could be pursued.
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