Auckland, 3 August 2013

This paper examines the issues arising from the success of cartel leniency policies in a global environment, where prosecution and follow-on actions may occur in numerous jurisdictions. It notes some practical issues, discusses cases where third party claimants have sought access to potentially helpful materials, and discusses potential ramifications of the Commerce (International Cooperation, and Fees) Amendment Act 2012. It discusses the Act’s potential benefits, querying whether third-party claimants are now in a privileged position, and asks whether legislatively mandated international information-sharing risks disincentivising leniency applications.