Dominican Republiccs Resolution on Cartel Leniency, Comment of The Global Antitrust Institute, Antonin Scalia Law School, George Mason University

Abstract

This comment is submitted in response to the Dominican Republic National Commission for the Defense of Competition’s (“Procompetencia”) public consultation on the Proposed Regulation for the Establishment of a System for Reduction of Sanctions for Cooperation in Cartel Investigations. The Global Antitrust Institute’s Competition Advocacy Program commends Procompetencia’s transparency, its recognition of the economic harm inflicted by cartels, and its willingness to establish a leniency program. The comment provides a number of specific suggestions to enhance the effectiveness of the proposed Regulation, including adjustments to the available sanction discount levels provided to successful leniency applicants, and by limiting to a reasonable minimum the requirements for applicants to obtain a “marker” or “bookmark” that would be issued by Procompetencia to indicate whether and to what extent leniency may be available to such applicants.