Research On Leniency Programme In Anti-monopoly Law In China

Cartels,as a form of monopoly that seriously destroys the market competition mechanism,have always been regarded as an illegal act of severe sanctions by anti-monopoly laws of various countries.In order to avoid the severe crackdown by antitrust law enforcement agencies,the agreement of cartel violators becomes more hidden,which makes it more difficult for law enforcement agencies to investigate and crack down on cartel behavior.The United States has created an effective tool to deter cartels——the Leniency program.Many countries,and regions follow the example of the United States in establishing leniency programmes.With the rapid development of China's market economy,some market participants carry out cartel behavior(Anti-monopoly Law of China calls it "Monopoly Agreement")based on the drive of seizing huge profits,which seriously endangers the normal market competition order and infringes on the rights and interests of consumers and the public interests of society.As a powerful tool to combat monopoly agreements,leniency programmes have been validated by judicial practice in various countries.Therefore,a leniency programme was introduced in the Anti-monopoly Law,which was implemented in 2008.However,legislation is too principled and is not clearly defined in the rules governing the implementation of leniency programmes and in the specific competencies of law enforcement agencies.Although various law enforcement agencies have issued a series of regulations that have relatively refined the leniency programme,it has not been effectively implemented.With the reform of state institutions in 2018,the monopoly law enforcement power belongs to the State Administration of Market Supervision and Administration,which can effectively solve the problem of law enforcement collision caused by the model of multiple law enforcement agencies.But,at present,there are still many deficiencies in the scope of application,applicable conditions,applicable procedures and effective operating environment of leniency program in our country.Research on leniency program,from the basic theory,clarify the concept of leniency program,excavate the theoretical basis of the operation of leniencyprogram.At the same time,based on the basic situation of leniency procedure in our country,thispaper comprehensively analyzes the beneficial experience of extraterritorial leniency procedure,and provides a good reference for perfecting the leniency procedure system and promoting the effective implementation of leniency procedure in our country.