| It is generally believed that cartel is one of the most anti-competitive practice. Cartel artificially limits the competition that would normally prevail between them,obstructs the development of economy, injuries the welfare of consumer. Leniency Policy in anti-monopoly is an effective tool in cartel regulation which can play an important role in cracking cartel activity and promoting the efficiency of cartel detection. Leniency policy in anti-monopoly refers to such a system that if the companies involved in cartel or the related individuals take the initiative to the anti-trust authorities with disclosure of related evidence or provide related information and cooperation , the anti-trust authority can reduce or exempt the penalty, in order to encourage the companies and the individuals involved in cartel to report the cartel activity so that the anti-trust authorities can easily discover ,investigate and crack the illegal cartel.The full text divides into three parts, according to the legal concept analysis—ask the question, analyse the question, and then solve the problem design to launch the elaboration.The first part simply demonstrates what characteristics cartel have and what measures the anti-trust law adopt to prevent and punish cartel. There are two main solutions. One is private enforcement, the other is public enforcement. And private enforcement to some extent depends on public enforcement. But private enforcement weaken public enforcement.The second part includes two chapters. The first chapter emphasize the importance of leniency policy. But we also need to protect the victims. The problem is how to balance between the two protection. The second chapter analyse all the subjects that related to leniency policy, legal liability.The last part Classifies the subjects ,and study the typical experience of leniency policy. On this condition, reconstruct the legal relationship to solve the conflicts between the three kinds of subjects. |
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