When investigated and successfully prosecuted, cartel members usually face stern penalties. Therefore, they operate secretly and calculatedly implement their activity. Thus it is often difficult and challenging to detect cartel activities. Cartel members do not voluntarily report their illegal activities for fear of being heavily penalised, including reputational damage.
The ICCC has developed its Leniency Policy – a tool used widely – to fight cartel activities. This Policy has been developed to provide incentive in the form of imposing lenient penalties on the cartel members who voluntarily report their cartel activities. It outlines the circumstances in which the ICCC may accord lenient treatment to an applicant for reporting cartel conduct to the ICCC, provided that certain conditions are met. Without a grant of leniency, a cartel member who voluntarily reports cartel activity to the ICCC may face full penalties under the ICCC Act if the ICCC takes successful prosecution action. The leniency can be in the form of full immunity or reduced penalties, depending on the cooperation and support the applicant(s) provide to the ICCC.
The ICCC is also working on having a Whistle Blower Program to encourage cartel reporting by third parties – non-cartel members that do not involve in any cartel activities but know existence of a cartel. This Program would encourage monetary reward for reporting cartels; and the reward would be SUBJECT to successful prosecution.