From "LCD Cartel Event" Review Of PRC Anti-monopoly System Of Amnesty

Cartel was anti-competitive behavior.Cartel secrecy of act, as well as theanti-monopoly law enforcement authority of law enforcement resources validity, theanti-monopoly law enforcement agencies has been the poor effect of lawenforcement.In order to solve this problem, the United States enacted in1978amnestypolicy into system of amnesty.But because of its lack of predictability andanti-monopoly law enforcement agencies have too much discretion, so amnestysystem implementation effect is not good.On the system of real ammnesty is theUnited States of America plays an important role in1993"company ammnesty policy"and1994"personal ammnesty policy" promulgated and implemented.The UnitedStates is introduced into the system of amnesty, to lower the cost effective againstcartels, European Union, Japan, Korea and other countries, and China is no exception,in August1,2008the" anti-monopoly law" is introduced into the system ofamnesty.Our country" anti-monopoly law" in August1,2008forty-sixth all secondparagraphs: operator active to the anti-monopoly law enforcement agencies reportmonopoly agreement reached and provides important evidence, the anti-monopolylaw enforcement authorities shall reduce or exempt from punishment to the operator.Compared with before, has made great progress, but our system of amnesty but didnot play its role effectively.In this case, Chinese color TV industry as a case of the LCD qualified plaintiffand defendant panel manufacturers (Samsung, LG and other four enterprises inTaiwan) between the " zero risk, zero cost" lawsuit, Chinese color TV industry israrely one filed a lawsuit, to safeguard their own interests.It exposed the problem isour country anti-monopoly system of amnesty is too principle regulation, no specificimplementation steps. The current our country about amnesty legal system is notperfect, nor against the cartel cartel tradition, people on this behavior is not enough totake seriously.In this paper, through the analysis of" crystal cartel event", carefullycombing about amnesty legal phenomenon, from the perspective of law putsforward how to deal with our amnesty system problems, in order to perfect ourcountry’s system of amnesty, dealing with international and domestic cartel behavior,protect the good social order of competition. Besides introduction and conclusion, is divided into the following four parts:The first part: Anti-monopoly amnesty system principle explanation. This partmainly is to amnesty system was defined, and the amnesty system history and valueexploration are discussed.The second part: China’s anti-monopoly amnesty system analysis. Introduced ourcountry anti-monopoly legislation system of amnesty, and amnesty from theanti-monopoly system in the applicable conditions, procedures, anti-monopoly lawenforcement discretion, punitive measures on four aspects of China’s anti-monopolyamnesty system present situation and the existing problems.The third part: extraterritorial anti-monopoly forgiveness system comparison andreference. The United States, Japan, South Korea, the European Union antitrustlegislation, and its implementation is discussed.The fourth part:" crystal cartel event" to perfect our anti-monopoly to theEnlightenment of the system. This part mainly from the anti-monopoly system offorgiveness, the applicable conditions, degree of reduction treatment amplitude, legalliability mechanism to perfect our anti-monopoly system of amnesty.