Research On The Issue Of Antitrust Fine

The fine in antitrust law is an important legal means to prevent and stop monopolistic illegal activities.It mainly has two functions: First,to crack down on current offenders and deter potential offenders;second,to protect the welfare of consumers and society.Judging from the provisions of the current "Anti-monopoly Law" on fines in our country,it is not clear whether China will set the basic amount of fines,the factors that determine the amount of fines,and the regulations on the use of leniency policies.This ambiguity,So that the antitrust law enforcement agencies have greater discretion in practice.From the law enforcement announcement promulgated by our country nowadays,the law enforcement agencies also only announce the final punishment amount of the cases in foreign countries.The specific method for calculating the amount of fines is not disclosed to the public.As a result,administrative penalties for antitrust enforcement agencies lack transparency and predictability for punished operators and the general public.Thus,the fines of antitrust law in our country still have big problems,including the unclear stipulation of antitrust fines in legislation,the calculation method of fines imposed by antitrust fines law enforcement agencies in practice,Are not promulgated to the public in the form of specific regulations or guidelines.The antitrust fines and the imprecision of law enforcement practice lead to the deterrence of antitrust fines in our country is not strong,the transparency is not enough,the predictability is not significant,etc..This article tries to analyze these problems,and make a positive effort to perfect the antitrust fines system in our country.In addition to the introduction and conclusion,the content of this paper is divided into four parts:The first part: Firstly,the connotation of antitrust fines is analyzed and the antitrust fines discussed in this article are defined;secondly,the deterrence,punishment and safeguard function of antitrust fines are discussed in detail;Finally,according to the existing legal provisions and The status quo of law enforcement analyzes the basic function of antitrust fines in our country,the rules for the setting of fines in legislation,the policies of tax deduction and the status quo of the application of discretionary factors in law enforcement.The second part: Analysis of the main problems of antitrust fines in our country.Based on the analysis of the current state of legislation and law enforcement practice of antitrust fines in our country,this paper analyzes the main problems of antitrust fines in our country.Based on the economic analysis of deterrence theory and monopoly,this paper puts forwardthe problem that the antitrust fines in our country are not sufficiently deterred,it is difficult to punish the current offender and deter potential offenders.By analyzing and comparing the rationality of different fines setting methods,Through the comparison of confiscation of illegal gains and antitrust fines,the main concept of fines is ambiguous,and the specific provisions of antitrust fines in our country are lack of maneuverability.Through the discussion of the leniency of forgiveness policy The definition of important evidence,the provisions of differential treatment as well as the applicants' obligations of cooperation are not clear and so on.The third part:Learn from the experience of extraterritorial antitrust fines,highlighting the administrative fines of the EU competition law,the criminal fines of the United States antitrust,and the Japan levy system.On the one hand,it sorts the basic fines(fines)setting method,the adjustment of the basic fines(fines)and the deduction of fines(fines)from the administrative competition fines of the EU competition law,the criminal and the anti-trust of the United States,and the levy of Japanese levies;On the one hand,it summarizes the lessons learned from antitrust fines abroad,and suggests that the antitrust fines in our country should learn from the outstanding experience outside China and improve the antitrust fines system in our country.The fourth part: Proposing Specific Suggestions for Improving Antitrust Fines in China.First of all,it is necessary to clarify the functional orientation of antitrust fines in our country.Antitrust fines in our country should combine the functions of deterrence,punishment and guarantee.Secondly,we must clarify the setting method of fines and set the foundation based on the profits of monopoly actors The amount of the fine,the reasonable upper and lower limits,the definition of the basic penalty in the definition of the relevant concepts,clear in the fine determined by the discretionary factors;Third,through the lenient system for the leniency,the application of conditions to improve the perfect leniency policy Put forward suggestions;finally,make suggestions on how to perfect the discretionary factors in law enforcement.After perfecting each specific issue,it is suggested that a guideline of unification and specific antitrust fines be formulated and revised,and the leniency policy currently stipulated to be more principle be amended.