The Perfection Of Forgiveness From Glimpse The Cases Of LCD Panel In China Antitrust Law

"The People’s Republic of China Anti-Monopoly Law"(hereinafter referred to as " Antitrust Law ") formally have implemented for more than6years since August1,2008. With the "anti-monopoly law" promulgated leniency policy had been formally play its role in China. In recent years, we have been built closer relationship with other countries in the background of the developing economic globalization. As one of them, we have improved our leniency policy and by using it, we have achieved in investigating hard core cartels, according to their experiences. Even so, there are still many flaws in our leniency policy’s legislation and enforcement if we consider it objectively. The cartel cases are the key work in law enforcement, and implementation of leniency policy is of great significance to the exclusion of the cartels. At present, leniency policy is one of the most effective tool against the cartel, its improvement is of great importance to the steady and healthy development of China’s market economy.This paper started with "liquid crystal panel case" and compared China with America, EU, South Korea and Japan, estimated the reason of differences between each one’s law enforcement, mainly aimed at the cost of time during the survey, fine, applicable condition and law enforcement. Then, according to the legal environment of our country and the leniency policy, pointed out that China’s "anti-monopoly law" legislation is not perfect, conditions and procedures of the relevant provisions of the anti-monopoly law’s leniency policy is neither clear nor specific. There are still many problems in the process of leniency policy enforcement. For instance, diversified law enforcement agency weakened the efficiency of the leniency policy, low penalty level has little deterrent force and there is inexperienced of law enforcement and the low frequency of punishment. In order to overcome these disadvantages and make the anti-monopoly law leniency policy effectively to combat cartels, regulators had to start from the aspect of legislation to improve China’s anti-monopoly law and then proposed advices from both sides of entity. At the same time, we should strengthen the construction of law enforcement of leniency policy, for enhancing its effectiveness of enablement, combating against cartels and then creating a normative and ordered condition of market competition.