Review And Perfection Of China's Antitrust Leniency System

The leniency system is an effective means of investigating and concealing hidden cartel,and has gradually developed into an effective tool for anti-monopoly law enforcement agencies in various countries and regions of the world.In 2008,China introduced the leniency system for the first time in Article 46 of the Anti-Monopoly Law,and mainly conducted anti-monopoly investigations in different fields through the two major anti-monopoly law enforcement agencies,which deterred Carter to a certain extent.This behavior has improved the efficiency of antitrust investigations and prosecutions,but there are also many obvious flaws.In 2018,the two major antitrust law enforcement agencies merged into the State Administration of Market Supervision and Administration.At this point,the situation of multi-institutional enforcement of antitrust laws no longer exists.Instead,the State Administration of Market Supervision and Administration is responsible for all antitrust enforcement.However,the anti-monopoly law enforcement agencies after the reorganization there still have some shortcomings in the process of law enforcement due to physical and procedural issues,and the reasons for the replacement of old and new policies.The application of the leniency system in practice is rare and it appears lots of problems.Therefore,in the face of new challenges,we must proceed from the reality of our country,based on the current legislation and implementation status of the leniency system,and review and improve the problems and deficiencies in its application.This article is divided into four parts.The introduction part analyzes the law enforcement data of Chinese antitrust leniency policy as the perspective,and draws the subject of this article from the data and cases.The first part is the theoretical analysis of the leniency policy of the antitrust law.It expounds the definition of the concept,the operating principles and the cornerstones,including the origin and development of the leniency policy,and the relevant laws and regulations of the leniency policy today.The second part discusses the implementation and practice of China's antitrust law leniency policy.The third part is the problems and deficiencies in the implementation of China's antitrust law leniency policy,which are divided into entity problems and procedural problems,which are not clearly applicable in the entity.The scope,the applicablesubject regulations are not clear,and the relevant obligations and behavioral restrictions for lenient applicants are not specific;the system design of the complete procedural process is lacking in procedures,the law enforcement agency's discretionary standards are uncertain,the evidence standards are vague,and the lack of Information protection,etc.The fourth part is the suggestions for improving the leniency policy of Chinese anti-monopoly law.The suggestions are also put forward for the existing substantive and procedural issues.Through the above four parts,the author hopes to reflect on the existing deficiencies and dilemmas of our leniency policy through analysis of cases and data,to provide some suggestions for the improvement of the leniency policy,to improve the practical value of the leniency policy in China,and to create Fair market environment.