Reasearch On Leniency Policy Of Cartel

Leniency policy of cartel is the most effective law system for the investigation of Cartel union in competitive law. In order to avoid legal sanctions, operators always form a secret alliance, which is hard to be found by law enforcement agency. The content of leniency policy is that the companies or individuals in the union would be mitigating or exempt from the punishment if they could give them themselves up and assist the law enforcement agency to detect the union honestly, consistently and comprehensively. The policy would greatly improve the frangibility for the members would be afraid to be betrayed by others and the informant will be mitigating, which could leaded surrender. The Cartel union will be detected in good time and the social resource is conserved. So far the leniency policy is implemented and efficiently for Cartel regulation in many countries. The United States implemented leniency policy in 1978, and the Canada, France, German, Japan, South Korea, Austria, UK and Taiwan etc. introduced the leniency policy against the cartel.The People's Republic of China introduced the leniency policy in Anti-monopoly Law in 2007, but the code is too general too practice. The text focus on "Reasearch on Leniency policy of cartel".The aim of this dissertation is to propose some constructive ideas for the consummate of our leniency policy base on the experience of developed countries.The full text divides into four parts:The first part introduced the history and theory of Cartel leniency policy. The leniency policy cracks the Cartel inside and the detection cost is reduced. The history of leniency policy is more than 30 years. It is valuable for the company, social economy and Anti-monopoly Law enforcement agency.The second part introduced the applicable conditions and object of Cartel leniency policy. The applicant must assist the law enforcement agency to detect the union honestly, consistently and comprehensively, provide important evidence, and compensate casualties. Simultaneously, both the company and individual must become the object of leniency policy.The third part focuses on the current situation and defect of Cartel leniency policy in our country. The article 46,item 2 in Anti-monopoly Law of our country is too general to implement. In practice, it has many defects, such as lack of deterrence, lack of operability and predictability in content, lack of applicant encouragement, undefined qualification for applicant, unknown time conditions and applicant's duty. The forth part proposed some suggestions for the entity and procedure of leniency policy in our country. For the entity, firstly, the security mechanism must be established for the protection of applicant, secondly, the encouragement mechanism must be established and the punishment mechanism must be completed, thirdly, the civil liability for compensation must be defined. For the procedure, the implement of the leniency policy can be divided into five steps:the applicant have anonymous advice from the authority, the authority mark the applicant in sequence, application and accepted, decision of the leniency, announcement of the decision. And the procedure of each step must be developed in detail.All in all,we must develop leniency policy of cartel.In that way,economy of our country may develop constantly and steadily.