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Study On The Lenient Marker System Of Antitrust Law

Posted on:2017-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:Q XuFull Text:PDF
GTID:2296330485463938Subject:Law, Economic Law
Abstract/Summary:PDF Full Text Request
Leniency policy is of special importance in the whole antitrust law. It’s role in the detection of the cartel and antitrust agreement becomes more and more significant. Although, the policy has been introduced in China’s antitrust law, it is just in the provision of law in <Antitrust Law of The People Republic of China>, as for the specific procedures set, there are no provisions, the same situation in other administration laws and regulations. Leniency policy should play a magnificant role in the maintenance of the current market economy order, as the most important means to govern the monopoly agreement for the purpose of service, Throughout the regulation of our country’s market economy to monopoly agreement, although there are several successful case in the use of leniency policy, the program is not transparent and the standard is uncertain, which bring a lot of doubles to potential applicants, and there still some applicants who continue to participate in the monopoly agreement in one way, and hold the wait state of leniency policy in other way, which causes such a phenomenon that, although there is the leniency policy, the application don’t receive good results. In some other countries where the leniency policy has been well-developed, it’s application program is pretty perfect.While monopoly agreements are involved not only a national company, with the development of globalization, are also involved a lot of cross-border business companies, and when these companies apply for the leniency policy in a country or two countries, the problems that how to identify the order of their applications, and eligibility of obtaining leniency treatment and other issues need to be addressed. The purpose of leniency policy is that the participants of monopoly agreement can report its internal information by themselves and the first applicants can be exempted from the punishment, therefore, the order of applicants can directly affect the punishment intensity. So, before the formal application for leniency policy, in order to solve the problem that how to determine the order of applicant’s application, many countries which have set up leniency policy, set up the marker systems. The current situation that China has established a memorandum of cooperation in antitrust enforcement with many countries, is both challenges and opportunities, for the implementation of the leniency policy.There are three anti-monopoly law enforcement agencies, the three agencies’ responsibility for the transaction are different, the basis of law enforcement is different, therefore in the implementation of leniency policy, whether the final punishment, or the punishment objects are different. In addition, the three law enforcement agencies have not released specific leniency applicable procedures, leading to the applicant do not know to which agency to apply, and how to apply the leniency policy. Many cases applying for the leniency policy also caused arguments, exactly how to identify the first applicants, and the presence or absence of the information it provides to help law enforcement agencies in the investigation of cases, are unknown. In this regard our country should establish mechanisms for coordination and interaction among the three anti-trust law enforcement agencies to share information, joint law enforcement to ensure that the applicant is able to determine the agency for application of lenient marker system, and to ensure that an application is recorded; on the other hand, decide the specific content of marker system, including specific applicant eligibility, provisions mark effective period, complete mark during the period, and the results of marker system. At last, envisages the international cooperation for marker system, establish mechanism for exchange of marker information against monopoly agreements.
Keywords/Search Tags:leniency policy, marker system, order of application, information sharing
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