The Study On Leniency Program Under Anti-monopoly Law

U.S. Department of Justice Antitrust Department in1978began the implementa-tion of Leniency Program, the birth date although only thirty years, these years,Leniency Program in both of the theory and the practice is in the continuousimprovement. At present, the legislation Leniency Program has been established inthe France, Germany, Britain, Canada, Japan，South Korea and other places, it hasbecome the most effective tool to combat the monopoly agreement.China also conforms with the trend Leniency Program, the introduction of the"anti-monopoly law" has been established in2007. However, the provisions are tooprincipled, and they are short of specific substantive rules. The deterrent power is alsoinsufficient. There still remained many parts to complete the laws. In the view of ournot too much practice of law enforcement experience, to develop a frameworkleading role in the system is in line with the general legislative process. In order tokeep the stability of the law, enacting a set of implementation details assorted withleniency program under Anti-monopoly Law is very necessary and efficient. It canalso make the legislation to be able to adapt to the changing social and economic life.In this article, we focused on the perfection programs and all the analysis are based onthe theory of Leniency Program.To study a system, we must first determine that the system involved in themeaning of the content, This article begins with describing the meaning of LeniencyProgram has been defined firstly， which is much helpful to clear the connotation andextension of the problem. Secondary, the rationality of the existence of LeniencyProgram has been discussed by two perspectives from economics and jurisprudence.In economics, the monopoly agreements participant which makes a role of rationaleconomic man always pursued their own maximized benefits. The "prisoner’sdilemma" manufactured by Leniency Program played a catalytic role for the betraysof each other. In the jurisprudence, the system can also save the costs of enforcementand prevent the further destruction of monopoly agreements on the market economicorder. It protects the fair trading and independent-choose rights of the consumers. It is also conducive to the legislative goals of the efficiency of society as a wholecompetition law achieved. Additional, the main factor on the system is able to playthe role of forgiveness be summarized, that is an effective deterrent and transparentimplementation of rules and effective protection measures.Connotation and mode of operation of the Leniency Program have a generalunderstanding on the basis of our forgiveness system to make the evaluation.Leniency Program in our country did not achieve good implementation because oftwo main reasons. The one is the lack of law enforcement environment, whichembodied in the blank criminal responsibility, too light administrative responsibilityof civil liability, fuzzy and the dispersion of the law enforcement powers. On theother hand, China’s Leniency Program is too principled, which means the lack ofspecific substantive rules and procedural rules.For the inadequacies of the Leniency Program by reference the three proposalsbased on the foreign legislative experience, our own legal environment, and theimprovement of our leniency program. The first point is to improve China’s sanctionsof monopoly agreement by increasing the sanction of criminalization, improvementof civil liability system and enlargement the deterrent efforts for the monopolizedagreement participants. The second point is to enhance law enforcement capabilitiesof China’s anti-monopoly law enforcement agencies, which is embodied in therational division of law enforcement agencies, to clear the jurisdiction of lawenforcement agencies, and the establishment of a relatively independent offorgiveness to a notified body which can avoid the unnecessary confusions；theenhanced experience accumulation of anti-monopoly law enforcement agencies, andthe establishment of the rules of the system as a specific application of our antitrustlaws forgiveness, including forgiveness application of the system main relief rules toapply accepted rules apply for the identity of confidential system from the substantiverules to the program rules, and then start to forgive system for the protection systemare to be discussed. In this paper, we explored full range of how to make forgivenessbecome practical rules of the leniency program from a purely legal text.