Competition Leniency Regulations 2019: A Comprehensive Review

Abstract

The primary goal of the leniency program is to penetrate the veil of secrecy upheld by
cartels, thereby dismantling such illicit activities and putting an end to violations of the
law. The Competition Commission of Pakistan offers full immunity, reduction of fines,
and leniency plus depending on the case. The developed competition jurisdiction such
as the European Union leniency program is very successful and most cartel cases are
initiated by leniency applications. The leniency program of Pakistan is not effective
enough to generate desirable results. The current situation of Pakistan’s leniency
regime reflects that the level and the type of the existing penalties may not be enough
to encourage cartel participants to secure the benefits of leniency. The leniency
program of Pakistan, if it is to succeed, should assist the Competition Commission of
Pakistan in considerably shortening cartel proceedings as leniency programs do in all
successful jurisdictions, since leniency applicants will provide the necessary evidence.
It would ultimately ensure that the Competition Commission of Pakistan optimally uses
the information received through leniency. This is considered to be the most desirable
outcome.