The Leniency Policy In Anti-monopoly Law

Leniency policy originated from American, for playing an important role in investigating and treating Secret Cartel, the policy has been adopted by the antitrust law of many states and districts and becomes one of the significant tools to promote effective implementation of antitrust law.As found an incentive tool to investigate cartels, leniency cartel along with one of the hidden dangers and the gradual deepening of understanding of continuous improvement. The United States is the first country with leniency, the Department of Justice Antitrust Division in1978, the first company to develop forgiveness policy, revised in1993, the United States in the fight against hardcore cartels leniency on the remarkable results, as other countries have to follow the main Motivation. Meanwhile, the national anti-monopoly law enforcement experience shows that leniency for the timely detection of hard-core cartels, antitrust enforcement to improve the efficiency, cost savings of great value to law enforcement. With the goal of China’s socialist market economic system, the establishment, implementation, and a free, fair and orderly market competition legislation increasingly urgent demand for effective combat and deter illegal cartels, antitrust enforcement to improve efficiency and reduce the cost of antitrust enforcement, China anti-monopoly law also introduced a leniency. However, the relevant provisions of China’s Antimonopoly Law in more general, operability is not strong, is facing a lot of legislation and practice in embarrassment, there is much room for its content improvement.In this paper, results of this study, comparative study, law and economics and law and other methods of hermeneutics, the meaning of forgiveness and the elements of the system on the basis of thorough analysis, to borrow the relevant legal and economic theory, a forgiving system established Theory to foreign antitrust leniency on the status of implementation of legislative provisions and discusses the entity of the system rules, norms and procedures, and introduced the system in the major developed countries in the implementation of the results, analysis of the impact the implementation of the system Factors and related systems, and finally for the lack of relevant legislation and the implementation of the system there is the plight of some suggestions.