On The Perfection Of Leniency Program Anti-monopoly Law In China

The Leniency Program has become the main tool for antitrust enforcement agencies to deal with Cartel cases because it has a significant effect investigating and punishing hidden Cartels in the world.To restore a healthy market-competition order in our country and crack down on cartels,in 2008,our country has made the principle of Leniency Program in Article 46(2)of the Anti-monopoly Law,then the National Development and Reform Commission and State Administration for Industry and Commerce of the People's Republic of China have respectively made a relatively detailed supplement by regulations.However,from the current practice of law enforcement in China,there have been only six cases using Leniency Program,such as LCD panel case,milk powder business case,Zhejiang insurance case,etc.Although in these cases,the application of the leniency system has brought a good demonstration,but it is undeniable that the Large policy is rarely used in practice and there are more and more problems because of vague and unclear legislation,for instants,the scope of application of the Leniency Program is not clear,the application of the main provisions is unreasonable,applicant's related obligations are not defined,the confidentiality of the identity of the applicant is missing,the discretion of the anti-monopoly law enforcement agencies is excessive,and so on.Therefore,in order to solve the existing problems,to crack down on the Cartels and to build a harmonious market competition environment,our country must proceed from the reality and based on the legislation and implementation of the Leniency Program,so as to put forward some countermeasures for the improvement of Leniency Program of antimonopoly law.This paper will be divided into three chapters.The first chapter is an overview of the Leniency Program of antimonopoly law and its present situation.The summary includes the definition of the connotation of the Leniency Program,the origin and evolution of the Leniency Program,and the function of it,then it analyses the legislation of the Leniency Program and the implementation of the status quo in our country.The second chapter is the problem of the Leniency Program,including substantive aspects and procedural aspects.For example,it is not clear in substantive aspects to set main body,applicable object and scope of application while in procedural aspects the legislation is not perfect,not specific.Then this chapter explores the adverse effects of environmental factors,legislation and law enforcement on the Leniency Program's implementation.The third chapter is the perfect countermeasure of the Leniency Policy in antimonopoly law and the countermeasures are based on the existing problems of substantive aspects and procedural aspects.In view of the imperfection of the legislation,we shall timely introduce the corresponding regulations or legal interpretation to supplement it in detail,aiming at correcting the problems of law enforcement promptly.In conclusion,the author hopes that some of the views of the paper can provide some help for the improvement of our country's Leniency Program to combat the Cartels effectively in the future,to promote the healthy development of the socialist market economy.