The Study On Leniency Policy Under Prc Anti-monopoly Law

Leniency Policy is originated by the U.S. Department of Justice in 1978,It is an important policy tool to combat cartels in the world. PRC Anti-monopoly Law which comes into effect on August 1^st in 2008 introduces into the leniency policy from the U.S.A, but there are still many problems exist. Based on the analysis of the basic theory of the leniency policy, and examining the leniency policy in the major countries, researching the status quo of the leniency policy under PRC Anti-monopoly Law, the paper brings up the views and suggestions of the leniency policy under PRC Anti-monopoly Law in accordance with Chinese national conditions.In addition to the introduction and Conclusion, the body of this article is divided into three parts: Part I: the basic theory of the leniency policy. This part firstly inspects the etymology of the leniency policy and secondly analyzes the definition of leniency policy, and then visited the leniency policy background, pointing out that the danger and the hidden nature of cartel are the causes of the leniency policy. Based on the cheating nature of cartel, this section then analyzes the economic bases of the leniency policy by the Game Theory; and the leniency policy can bring high efficiency,pursue of fair,equitable and free market competition order have laid a jurisprudence foundation. Finally, the basic principles of the leniency policy should be analyzed. Part II: The investigation of the extraterritorial leniency policy. First of all, this part lists the legislation of the leniency policy of the major countries in a chart, and pointed out that the leniency policies around the world are more or less the same, and have a few of differences, but their principles, the basic content are the same. Followed by an overview of the leniency policy in the major countries, this part discusses the basic elements and the characteristics of the leniency policy summary in light of improving our leniency policy. Part III: The status quo of the leniency policy under PRC Anti-monopoly Law and improve the leniency policy. First of all, this part expounds the status quo of the leniency policy under PRC Anti-monopoly Law, pointing out that our leniency policy is very principle, and the enforcement agencies of Anti-monopoly law should be refined it, and published a detailed and clear-cut leniency policy; then in view of the object of application, the prerequisite for the application, the scope of application and the safeguard mechanism, these several aspects to implement and perfect the leniency policy under PRC Anti-monopoly Law. In a word, this paper is draw on the experience and lessons of the world leniency policy legislation, fully integrated with China's actual situation, starting from a higher platform, has played an advantage of the latecomers raises the views and suggestions to improve and perfect the leniency policy under PRC Anti-monopoly Law, wishing to contribute to the development of the leniency policy under PRC Anti-monopoly Law.