The Study On The Leniency Policy In Our Anti-monopoly Law

The Anti-monopoly Law regulates market behavior and protects fair market competition. As a law, it is enacted for the purpose of preventing curbing monopolistic conduct and plays an active role in maintaining the consumer interests and the public interests. Many market economy countries give attention to it and call the Anti-monopoly Law "The core of the Economic Law" or "Economic Constitution". The Anti-monopoly Law includes four "monopolistic conducts", among them, the monopoly agreement, is the most harmful to socialist market economy. It damages fair market competition and damnify the consumer interests, so the Anti-monopoly Law provides a strict liability for it, not only the administrative responsibility but also the civil liability, even, where a crime is constituted, the relevant business operators shall be subject to the criminal liabilities. However, the methods of reaching monopoly agreements are very secret, the Anti-monopoly Law Enforcement Agency has difficult in investigating and deal with them. Therefore, the Anti-monopoly Law makes the Leniency Policy prevent reaching monopoly agreements. It will encourage business operators to make a confession and reduce the agency’s work. The Leniency Policy in the Anti-monopoly Law, can not only reduce the difficulties in finding the monopoly agreements, but also improve the Anti-monopoly Law Enforcement Agency’s work efficiency, and it maintains the order of market competition.Because the Leniency Policy plays an active role, the Anti-monopoly Law of the People’s Republic of China establishes the Leniency Policy after using the experience of the other countries for reference. But our Leniency Policy is simpler and lack of the detailed provision, at the beginning, it doesn’t play a positive role, so The State Administration for Industry and Commerce promulgated two departmental rules in2009and2010, for completing the Leniency Policy. Although they increase the application, the Leniency Policy also has many problems which we need to complete. Making the perfect Leniency Policy can reduce the agency’s difficulty of the work, can improve the agency’s working efficiency, can make the Anti-monopoly Law play a positive role, and can protect the interests of consumers and social public interests. This thesis is divided into four parts. The first part introduces the outline of the Leniency Policy. By introducing its concept and feature to reflect its importance and significance; the second part discusses some questions about someone who is suitable for the Leniency Policy. On the basis of foreign experience, the thesis makes a few suggestions about appliance of the Leniency Policy; the third part discusses the questions about the time of application in the Leniency Policy. After comparing different countries’Anti-monopoly Law, the thesis suggests some proposals which are suitable for China’s national conditions; the last part discusses the range of relieving of responsibilities and its number of people. Compare with different market economy countries and regions, and make the Leniency Policy which is able to our country. Establish a perfect system which will play an active role in preventing and investigating the monopoly agreements, so the research of the Leniency Policy it’s has necessity and reality. In this thesis, I study the process of the Leniency Policy and propose three Innovative ideas against the insignificance:The first point, the organizers of the monopoly agreements could apply for leniency, but they should take more severe responsibilities; the second point, industry associations could apply for leniency, and expand the scope of appliance; the third point, determine the time of the application in order to make the Leniency Policy more standard.In this paper, the idea of the study is from theoretical value to practical significance, to prove the necessity and the rationality of the Leniency Policy; then according to the current situation, we compare with difficult countries’ Anti-monopoly Law and absorb the experience, to establish perfect Leniency Policy System. This paper involves the some research methods, like literature research method, historical Investigation, comparative analysis and experience summary. I want to make these recommendations through these methods to make the Leniency Policy more consummate.