Abstract

The paper examines the vital role that leniency programs play in breaking up cartels in various countries, with an emphasis on the US, EU, and India. It looks at the intricacies of leniency policies, emphasizing the "leniency plus" and "penalty plus" systems in the US and Australia, which allow businesses who reveal more cartel activity to get less fines. According to the research, the leniency provisions of Indian competition law are based on EU legislation, but they also call for additional growth along the lines of the US system. The limited success of India's leniency policy, as seen by the relatively small amount of leniency orders granted in comparison to the US and EU, is a primary reason for concern. Drawing on the US's more successful leniency policies, the paper also highlights the necessity of clear rules and incentives to entice businesses to come forward with information on cartel activity. It also discusses the topic of discovery orders and information exchange in global settings, pointing out the different strategies used by Australian and US courts. In order to improve India's ability to tackle anti-competitive conduct, the research concludes by recommending that its leniency framework be strengthened.

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