The Good and Evil of Leniency and Settlement Procedures in Formative Competition Law Regimes

International Antitrust Bulletin, Vol. 2, July 2015

2 Pages Posted: 24 Apr 2018

See all articles by Gonenc Gurkaynak

Gonenc Gurkaynak

ELIG Gürkaynak Attorneys-at-Law

Öznur İnanılır

ELIG, Attorneys-at-Law; London Metropolitan University

Sinan Diniz

Georgetown University

Date Written: July 1, 2015

Abstract

Both settlement practice and leniency programs have great benefits for competition law regimes. Leniency programs have resulted in untold benefits in terms of breaking down the stability of the cartels. According to OECD, leniency programs are essential for breaking the code of silence surrounding hardcore cartel activity. Settlements, in turn, promise important benefits for preserving the resources of antitrust enforcement authorities. Despite significant benefits, settlement and leniency procedures may also result in certain drawbacks for formative competition law regimes. In this article, we seek to lay out these concerns at a theoretical level and then take a look at the situation in Turkey as an example for both mechanisms.

Keywords: leniency, settlement procedures, competition law, leniency programs, antitrust

JEL Classification: K21, L40, L49

Suggested Citation

Gurkaynak, Gonenc and İnanılır, Öznur and Diniz, Sinan, The Good and Evil of Leniency and Settlement Procedures in Formative Competition Law Regimes (July 1, 2015). International Antitrust Bulletin, Vol. 2, July 2015, Available at SSRN: https://ssrn.com/abstract=3149331

Gonenc Gurkaynak (Contact Author)

ELIG Gürkaynak Attorneys-at-Law ( email )

Çitlenbik Sokak No:12
Yıldız Mahallesi
Istanbul, Beşiktaş 34349
Turkey

Öznur İnanılır

ELIG, Attorneys-at-Law ( email )

Çitlenbik Sokak No:12
Yıldız Mahallesi
Istanbul, Beşiktaş 34349
Turkey

London Metropolitan University ( email )

166-220 Holloway Road
London EC3N 2EY, N7 8HN
United Kingdom

Sinan Diniz

Georgetown University ( email )

Washington, DC 20057
United States

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