Study On The Leniency Program Of Anti-monopoly Law

Monopoly agreement is a kind of illegal behavior which seriously endangers normal market order,and it is hard to be found by law enforcement agencies due to its hidden nature and complexity.Monopoly agreements reduce competition through fixed price,limit production,etc..and sometimes restrict the development and application of new technologies.thus seriously affecting the fair competition of the market.The conclusion of monopoly agreement not only disturbs the economic order,but also damages the interests of consumers.Therefore,all countries' anti-monopoly laws make the monopoly agreement an important target.But as aforesaid,monopoly agreements and hidden,agreement and implementation are rarely left secret documents,therefore law enforcement agencies to investigate and punish monopoly agreements when faced with difficulties.In order to effectively investigate monopoly agreements the United States created the forgiveness system,the system uses the "prisoner'sdilemma" betrayal mechanism,designed tocol lapse from within monopoly agreements to improve law enforcement agencies.Due to its remarkable effect,many countries also introduced the system of forgiveness and the actual situation of the country.Although China's legislation has issued several regulations related to the system of forgiveness,its implementation effect is not good.There are many reasons for this.From the legislative level,the generality and principle of the relevant provisions lead to the lack of operability of the system of forgiveness.From the perspective of law enforcement,multiple law enforcement agencies and lack of experience in law enforcement are the reasons for the low efficiency of the system of forgiveness.This paper mainly use literature research,historical analysis,comparative analysis and the research methods of case analysis,combined with the typical cases of monopoly agreements and analyze the cases of monopoly agreements and regulatory mode,trying to provide theoretical basis for the improvement of the system of forgiveness and legal advice.By using the method of literature research,the connotation of forgiveness system is clarified and its function is expounded.Using the method of case analysis,this paper probes into the shortcomings of the current system of forgiveness in judicial practice.By using the method of comparative study to the United States,the European Union,South Korea and Japan and other countries of comparative study on the relevant system,explore the forgiveness system for our forgiveness system perfect outside of lessons.Finally,combining the development trend of China's anti-monopoly law and judicial practice,this article mainly from the forgiveness system applicable conditions and procedures for this two aspects proposed to improve the system of our country anti-monopoly law to forgive.