Research On The Construction Of The Individual Leniency In China Anti-monopoly Law

Since the United States began to implement the leniency policy in 1978,the leniency policy in anti-monopoly law has been followed by some countries.International experience shows that the leniency policy is an important tool for investigate cartels,by encouraging the participants confessed his crime,cooperating with the office,thus increased the chance of detection and punishment of cartel.At the same time,the leniency policy makes the evidence available in a faster and cheaper way to make it the most cost-effective tool for preventing and punishing cartels.In order to further discover and combat cartel,the United States announced,"Individual Leniency" on the basis of Corporation Leniency on August 10,1994,and clearly defined leniency here only refers to all individuals who approach the Division on their own behalf,not as part of a corporate,this method is applied to the source through legal responsibility monopolistic behavior,and improve the efficiency of finding and investigation of cartel.The individual leniency will improve the discovery rate of monopoly behavior and ensure the independent choice of the individuals who are in monopoly organizations.With the development of the market economy,the anti-monopoly work has become a normal and arduous task of China’s anti-monopoly agencies.Firstly,the practice has proved that the stronger the crackdown on cartel,the more covert activities,and the evidence is increasingly difficult to collect.At present the company leniency system only impose a fine on the company,it did not touch on the interests of the individual,so the individual will not take the initiative to the anti-monopoly agencies,thus there existences the problem of insufficient incentive system.Secondly,the company leniency is easy to make false impression to some large multinational companies,they will think that if they actively apply for leniency,even to pay the fines it is worthy,which is not conducive to fight against potential cartel.Thirdly,the number of antitrust cases increased rapidly in recent years,the investigation and handling of cases of difficulty increases,and time is getting longer,the existing system of leniency in the hope of company applies leniency will seriously reduce the anti-monopoly behavior and efficiency.Therefore,it is necessary for our country to build the individual leniency.The bid-rigging is one of the most familiar anti-monopoly to people,so we can set bid-rigging as an example in the construction of individual leniency,analyzing how to apply the individual leniency,then forming a typical,so we can play an exemplary role in dealing with the core cartel cases.Therefore,we must deal with the following relations:Firstly,as bid-rigging is provided criminal responsibility and administrative responsibility in the legislation,it is also the only way to increase the deterrent power of monopoly responsibility,so as to stimulate the application of the individual.Secondly,through the formulation of "the guide on individual leniency agreement application of the general conditions and procedure",we can outline individual subject conditions,conditions of evidence and degree of cooperation and other specific requirements.Thirdly,the application of the procedure should be clearly defined for admissibility of the application,the application and implementation of the way,so that the generous treatment methods and steps to be more detailed,transparent.Finally,we should build a good external environment for an application,on the one hand we should pay attention to antitrust private enforcement,We can give some relief to the civil liability of monopoly responsibility to ensure personal enthusiasm generous,on the other hand,it is necessary to improve the administrative reconsideration and administrative litigation to ensure the right to apply for leniency.