The Studies On The Quantitative Rules Of The Amount Of Antitrust Fines

Antitrust fine is the most important antitrust administrative responsibilities.Compared with other forms of antitrust responsibilities of monetary sanctions, fines can play the most appropriate function of punishment and deterrence. To give full play to the punishment and deterrence function, fines would have to improve the quantitative rules of fines. No matters in penalty-oriented countries like the US or in fine-oriented countries like Japan and the European Union, the quantification of the amount all have a more detailed division. US antitrust fines are generally calculated in two steps: First, determine the 20% of the sales affected by illegal activities as the basic fines. Then adjust the basic fine, which is to calculate the number of points involved in the company’s crimes and thus to determine the interval region of the coefficients according to the crime points range. Finally, multiply the interval region of coefficients and the basic fines will draw a fine range where the Court will appropriately consider factors such as the penalty goal and the impact of a guilty verdict to determine the specific penalty amount. As for Cartel the leniency on the fines relief regulations should also be considered. The European Union also determined the amount of fines in two steps: First, the basic fine amount should be determined, which is to multiply a certain percentage of sales value and the number of years the illegal companies was involved. Then aggravation or mitigation should be considered on the basis of the amount of basic fines in order to adjust the basic fines to the finalized amount. Finally, consider the forgiveness regulations for the Cartel behaviors. Japan’s imposed payment system is the same as the antitrust penalty system. The amount of levy is calculated by multiplying a certain percentage and the purchase amount of the goods or services the acts aimed at during the period of illegal behaviors. There are also levy relief systems promulgated to fight against improper trade restrictions. Compared with the US, EU and Japan, China’s antitrust penalty system exists imperfections such as insufficient deterrent fines, unscientific way of penalty setting, the lack of specific provisions of the penalty system and the imperfections in the relief system.First, we should pay attention to the implementation of the deterrent function in order to improve the antitrust fine’s quantization rules. Secondly, we should improve the specific provisions of antitrust fine quantization rules, making criteria for determining antitrust fines more definite and more detailed. To complete the antitrust rules of the amount of the fine and make the rules more specific and workable, it musthave a scientific setting of fines. It is necessary to comprehensively consider the determination of the basic fine from the product or service dimension, time dimension and spatial dimensions. It must be clearly stated that the discretionary factors and ratios of different illegal monopoly fines are different. Finally, the relief system should be improved from the aspects of both reduction ratio and the applicable conditions. In addition to the improvement of the legislative provisions, the actual affordability of the operators punished and competition compliance program should also be considered when mitigate the fines in the process of law enforcement.