| As rational operators, sparing no efforts to pursue their own profit maximizationis the fundamental goal. With the rapid development of the global economy, thecompetition between the operators is getting increasingly fierce, which has alsobecome the root cause of the monopoly. The influence monopoly agreements have oneconomic development is enormous. Therefore, all countries have harsh punishment.In order to avoid legal sanctions, the operators act invisibly instead of dominantlycausing increased difficulty of the investigation of cases of monopoly. A leniencyprogram was first passed in1978in America for efficient detection of cases ofmonopoly agreements. The system was a comprehensive use of principles ofeconomics and jurisprudence, designed to encourage the participants of the monopolyagreement in the relief of the legal responsibility to reveal the illegal acts of the othermembers so that the system collapse on its own. After30years of judicial practice inthe United States and other countries, the system has been improved and is a moremature one. China’s “Anti-monopoly law” also initiated the leniency program first in2008. However, many provisions are general and not practical. Although amended bythe State Administration for Industry and Commerce in2009and2011, someprovisions still remain to be discussed.The first part introduces the background, concepts, characteristics and legal basisof the Leniency Program, Part Two describes the development of China’sAntimonopoly law and discusses the inadequacies. The third part puts emphasis onthe comparison of Leniency Programs home and abroad. The selected factors areorder bits, its order, obligations, the extent of leniency and so on. It sums up thecommon features of the two, and provides reference for the system in China. Based onthe problems of China’s national condition, the last part focuses on the improvementof Leniency Program in China, from both the physical and procedural perspectives. |
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