Anti-trust Relief System And Its Efficiency Studies

The leniency program in anti-monopoly law is a system to stimulate cartel members to report their illegal activities to the authority with their legal responsibility diminished or exempted, thus improve the enforcement efficiency. The program based on the economic theory of Prisoner's Dilemma and Winner-Take-All and juristic theory of Deterrence, is first introduced by America and innovated in the EU. The leniency program's most outstanding value is its efficiency in the anti-monopoly law enforcement, which has proved by the practice in many countries.Focusing on the efficiency, this dissertation studies the leniency program systematically and analyzes its enforcement bases theoretically and practically. Also, it evaluates the leniency program's efficiency and anticipates the program's enforcement in China, and proposes some suggestions for a more efficient program.Since all over the world is severely striking cartel, the cartel becomes more and more concealed. To improve its capability in striking the cartel, the leniency program has specific condition on its application and specific legal responsibility diminishing or exemption for the whistle-blower. But the program may bring some defects to the antimonopoly law enforcement at the same time.The program system in China is too principle to carry out. The dissertation also suggests building a framework for the program by perfecting the leniency program in respect of subject, condition and extent, improving the practicability by strengthening the penalty system and law-enforcement with the help of a single enforcing authority and plenty of supporting system.