Publication at Faculty of Law |
2019
Abstract
The aim of this paper is to analyse the significance and functioning of the leniency program as an instrument considered being very significant tool for fighting cartels. The authors first deal with the very principles, on which the leniency program works.
They then compare the most important jurisdictions where leniency programs play a crucial role (the United States, the European Union and Germany), with the Czech leniency program, where the instrument has not yet gained such meaning. Finally, the authors subject the leniency program to a proportionality test, particularly in relation to the constitutionally guaranteed rights and the individual interests of the victims of the cartel in compensation.