The purpose of this Chapter is to draw together key practices concerning the drafting and implementation of an effective leniency policy. A number of “good practices” in regard to drafting and implementing an effective leniency policy have been identified throughout the Chapter. These good practices may assist jurisdictions in their consideration of leniency programs. A compilation of these good practices can be found at Appendix 1: Good practices relating to leniency programs. The relevance, and therefore likelihood of adoption by jurisdictions, of any particular good practice outlined in this Chapter will be influenced by a jurisdiction’s competition policy and legal system. In some cases certain practices will not be appropriate due to the legal, legislative or political regimes in which those competition agencies operate.
Drafting and implementing an effective leniency policy