The Application And Study On Leniency Policy In Anti-Monopoly Law

As the extremely common and most adverse to the market competition one of the acts of illegal competition,the monopoly agreement has been the antitrust regulated,is one of the most representative monopoly.It seriously broken the free,fair and order of market economy.Therefore,it has been the major stricken object of national anti-monopoly law.However,because of the concealment of monopoly agreement and the more covert and agile detection method from marketing operators so on,As a direct result that the effect about investigation and disintegration of monopoly agreement is not ideal all the time.In view of this,The United States pioneered the Leniency Policy of antitrust law in 1978,the policy is based on the prisoner’s dilemma theory from the economics of law.It is for the purpose of monopoly agreement for internal disintegration and differentiation,is aims to solve the difficult perform problems of the anti-monopoly law enforcement agencies,and is an effective tool in anti-monopoly execution which can play an important role in cracking monopoly agreement and promoting the efficiency of anti-monopoly execution.Based on the obvious enforcement effect of the policy on antitrust law,more and more countries and regions established the policy following the United States.Although Chinese anti-monopoly law system formed so late,The Anti-monopoly Law of the People’s Republic of China had introduced Leniency Policy in 2008,the article 46 th of the law made specific provision for the policy.After this,State Administration for Industry and Commerce(SAIC)and Nation Development and Reform Commission(NDRC)also have released a few regulations to govern the policy.Nevertheless,these regulations governed the rules about Leniency Policy are also as the result of broad-brush legislation,leniency program of Anti-monopoly Law of PRC is not concrete,clear and perfect,and the function of it can not be realized completely,and the policy feasibility is also not to say.Then,in the paper,the author uses the Value analysis method,Comparative research method and the Economic analysis method so on,in accordance with the logical organization of “ Ask-Analysis-Answer ”,to dissect the construction of our the Leniency program and put emphasis on perfection of the policy in anti-monopoly in China.In this paper,the author is mainly from the five parts to learn about Leniency Policy of the anti-monopoly law system.The first part,the author summarizes the application situation and existing problems in the leniency policy of our country’s anti-monopoly law,in this part,the author is based on the practical case and the legislative background which leads to the breakthrough point of Leniency Policy.The second part,the author mainly summarizes the specification problems of leniency policy that is based on its real value,application condition and application object.The third part,the author study and analysis the procedural questions that exist in the application process,and combined with research of entities problems in the previous chapter.The forth part,the author has carried on the comprehensive interpretation to implementing agencies of Leniency Policy and its functions and powers,aimed to lay a foundation for the perfection of the below comments.The last part,the author puts emphasis on perfection of the Leniency Policy in anti-monopoly in China.