The Study On Leniency Policy In Our Anti-monopoly Law

Recently, cosmetic enterprise are buzzing the largest in nearly three years, and the price rise tide involved four cosmetic giant proctor, collective prices exactly is coincidence or conspiring to, Let us associate with the April Spain to P&G, L'OREAL eight companies for suspected monopoly, and open the 50 million euro huge fines events.2008 China anti-monopoly law out caused industries leading enterprise panic, had previously impressive-looking appear monopoly of the anti-monopoly enforcement authority into the vision. Subsequent Aqsiq electronic supervision nets case, Coca Cola m&a huiyuan case, square instant noodles prices events, and recent Beijing Benz Co., LTD for suspected limit the lowest price limited area sales are recognized in anti-monopoly law violation of such antitrust case. People come out of anti-monopoly law full of expectation, our country to collapse and the prospect of breaking monopoly was very upbeat. However anti-monopoly law implementation of monopoly before publicly because originally evade laws and access "underground", the anti-monopoly enforcement authority in China when the steep yet, but disappear without a trace cartels behavior. At present our country must play the role of anti-monopoly law, using the system of international general collapse cartel, from its-forgive system internal collapse cartel, achieve stability with economic development, reducing the anti-monopoly enforcement authority survey costs.Forgive system means that the companies and individuals involved in cartel if the initiative to antitrust authorities, or involuntary cartels in antitrust authorities investigation process for cooperation and provide relevant evidence material, can obtain mitigated punishment or be exempted from punishment of treatment. Our anti-monopoly law also made simple rules "operators to voluntarily anti-monopoly enforcement authority report about a monopoly agreements and provide important evidence, anti-monopoly enforcement authority can take into consideration of the operator mitigated punishment or be exempted from punishments At present our country to forgive system to understand and study is less, law enforcement is inexperienced, whether in or further perfect there is a deficiency and obstacles. Therefore, it is necessary to antimonopoly law system in the formulation of forgiveness system and research. And we can learn foreign advanced experience of our country, some is the embodiment of the forgiveness system provide theoretical basis and legislative proposals.The first chapter discusses the basic issues antitrust leniency, meaning its content, including leniency, forgiveness, Elements of the system, forgiveness, system design concepts, meaning forgiveness system is implemented, the system focuses on the design concept of forgiveness, from the economic analysis, penalty amount of predictability for clear principles and the principle of the system to introduce penalties for leniency basis for calculating the amount of different investigation procedures for the clarity of the different and so on.The second chapter analyzes the developed countries to forgive the system, carefully study the United States, European Union, Japan, South Korea, the evolution of leniency, and then summed up the advanced experience worthy of our reference, namely to clarify the waiver standards of evidence, oral evidence, the marking system penalty relief system.The third chapter analyzes the legislative leniency of antitrust laws apply to objects, procedural matters, the applicable rules of the situation analysis, which found deficiencies in the system of anti-trust and lack of forgiveness, recognizing that effective implementation of the antitrust leniency there are still some dilemma.The fourth chapter in the status of antitrust leniency based on the System Antitrust forgiveness. As China's "anti-monopoly law" due to the introduction of shorter, Antitrust leniency with the actual operation of the general idea and put forward concrete proposals.