The third and final day of the OECD/Indecopi Regional Centre for Competition in Latin America’s
Workshop on Enforcement Tools and Techniques to Fight Cartels, held in Lima, Peru, brought insightful
discussions on the latest trends and strategies in cartel detection and enforcement.

Nolan Mayther, a Trial Attorney from the US Department of Justice’s San Francisco Office, discussed the
design of effective leniency programmes. Despite a noted decline in leniency applications, Mayther
underscored the continued importance of leniency as a powerful tool in cartel detection. He highlighted
that while the US heavily relies on leniency, only 30 out of 500 current investigations originated from
leniency applicants. Mayther outlined three key principles for an effective leniency programme: the threat
of severe sanctions, fear of detection through various investigative tools and international cooperation, and
transparency and predictability to assure companies of fair treatment. He detailed the classifications and
benefits of leniency, including protection from criminal and civil convictions and the de-trebling of
damages. Mayther also discussed the Leniency Plus programme and the importance of cooperation with
other jurisdictions through leniency letters.

Eric Hadmann Jasper, a Lawyer and Professor at IDP explored the cultural challenges and policies
surrounding whistleblowing. Jasper noted that whistleblowing is often stigmatised as being disloyal, but a
positive narrative is emerging that frames whistleblowing as beneficial to public interest. He stressed that
effective whistleblower policies must include robust protections against workplace retaliation, ensure
anonymity, and provide legal channels for reporting. Jasper clarified that whistleblowers can be public or
private sector employees, excluding reluctant witnesses, journalists, compliance officers, or lawyers due
to their professional obligations.

Annie Saravia, a Legal Expert at INDECOPI Peru, detailed their reward programme which incentivises
whistleblowers to report cartels. She explained the process from initial consultations to verification and
the decision to pursue a case, with monetary rewards ranging from S/200,000 to S/400,000 based on the
severity of the offence and whether the cartel was previously unknown to INDECOPI. Saravia assured that
the identities of whistleblowers are always protected.

Eugenia Pérez-Abad, a Competition Expert from the Autoridade da Concorrência in Portugal, reaffirmed
the value of leniency despite declining applications. She highlighted the success of Portugal’s cooperation
with public entities and the intelligence team established to support ex officio investigations. Pérez-Abad
discussed the significant impact of cartels in public procurement, which can lead to overcharges of 10-
30%. She emphasised the importance of competition advocacy, particularly through the “Fighting Bid
Rigging” campaign, which targets sectors with high government spending to raise awareness and facilitate
communication between the competition authority and public officials.

The workshop’s final day underscored the evolving nature of cartel detection and enforcement, highlighting
the need for effective leniency programmes, robust whistleblower policies, and proactive intelligence and
advocacy efforts. As the workshop concluded, the CARICOM Competition Commission left with a deeper
understanding of the tools and strategies necessary to combat cartels effectively in the CSME.