Research On The System Of Antitrust Forgiveness

With the rapid development of economic globalization and China's economy,the cross-border investment and M&A market in China is growing day by day.Therefore,the status of anti-monopoly law becomes more and more prominent.Cartel is a relatively common monopoly.Cartels are usually secretly negotiated,and it is difficult to collect its evidence.This brings a lot of trouble to law enforcement agencies in investigating and dealing with secret cartels.Therefore,the policy of forgiveness has stepped onto the historical stage and developed into the main means for anti-monopoly law enforcement agencies to investigate and deal with cartel cases.The system of forgiveness originated from the United States,which has formed relatively perfect implementation rules so far.China introduced this system into the Anti-monopoly Law in 2008,but its provisions are too principled,vague and uncertain,which makes its system not widely used.Even though some regulations have been issued in the follow-up,there are still many problems,such as the application of the forgiveness system is too narrow,the discretion of the anti-monopoly law enforcement agencies is too large,and the treatment enjoyed by the operators is not clear.All these hinder the operators from informing the anti-monopoly law enforcement agencies.The forgiveness system is just like talking on paper,and has not been well implemented in practice.However,it is undeniable that if the system of forgiveness is applied properly,it will greatly promote the healthy development of the socialist market economy and save the cost of law enforcement.Therefore,in view of its existing problems,we must put forward perfect countermeasures to make the forgiveness system really apply to the socialist market economy,in order to build a harmonious competitive environment and promote the sound operation of the economy.This paper is divided into five chapters.The first chapter is an overview of the forgiveness system of antitrust law,including the definition,characteristics and positive significance of the application of the forgiveness system.The second chapter introduces the theoretical basis of the forgiveness system,including the jurisprudence foundation and the jurisprudence foundation.The basis of jurisprudence introduces the fair value of law and the efficiency value of law.The basis of law and economics introduces the theory of "prisoner's dilemma" and the theory of cost-benefit.The third chapter is about the current situation and problems of the forgiveness system.This paper expounds the current situation of the forgiveness system in China and the problems in legislation and implementation of the forgiveness system.China's forgiveness system has just been introduced into China,but it has only made principled legislation.Even after that,some regulations are not in a complete state,so there are some problems in legislation and implementation of the forgiveness system.Chapter IV introduces the forgiveness system of foreign countries,accepting the forgiveness system of the United States,the European Union and Japan respectively,as well as the reference significance for our country.The fifth chapter mainly puts forward the perfect countermeasures for the forgiveness system of China's anti-monopoly law.The countermeasures are mainly based on the problems of legislation and implementation.In a word,this paper introduces the forgiveness system in a more comprehensive way according to the actual situation of our country,and hopes that some of the views in this paper can provide some suggestions for the maturity and perfection of the forgiveness system in the future.