The Study On Question Of Leniency Program Under Anti-monopoly Law

As a kind of widespread monopoly behavior disrupting the market competition order,Monopoly Agreement has always been penalized by legislation in many countries around the world.But with the high-speed development of modern market economy,the monopoly agreement practice and existing form are becoming more complicated and invisible,which causes the anti-monopoly enforcement agencies detect the monopoly agreement practice more and more difficult.In order to solve this problem,the United States first created leniency Program in 1978,and effectively crack down on illegal acts of monopoly agreements.Then,the European Union,Japan,South Korea and other countries to follow suit.china is not exceptional also.The leniency program,drafted for the first time on to the anti-monopoly law of china,but it is too principled and general.There are so many problems on the scope of application,specific applicable rules and operation environment and so on,that has not operated very well.To solve these problems,the paper introduces and compares the legislation present situation and the implementation of the status quo of the leniency Program in foreign countries.In order to perfect our country's leniency program,in order to better play to leniency program to combat the illegal behavior of monopoly agreements effectively.Combined with "Guidelines for the application of leniency in cases of horizontal monopoly agreements"(Draft),which is issued by the national development and reform commission in February 2016.This paper argues that we should unify the legal basis of leniency program,clear leniency program suitable for horizontal monopoly agreements,perfect the leniency program specific applicable rules,build China's anti-monopoly law leniency program effective operation environment,and set up the cooperation mechanism to investigate and punish international monopoly agreements.