Research On Economic Liability In Antitrust Enforcemen

This paper mainly starts with the related issues of economic responsibility in the process of anti-monopoly law enforcement.Based on the problems in anti-monopoly law enforcement,it points out the deficiencies in the understanding and definition of economic responsibility in the existing law enforcement practice.In the practice of law enforcement,the definition of economic responsibility lacks principle,which leads to the characteristics of random and low law enforcement,which cannot achieve the ideal regulatory effect.The starting point emphasizes the deterrence characteristics in order to achieve the purpose of preventing the occurrence of illegal acts.Establishing a more reasonable economic responsibility system also provides a certain reference value for solving the current popular platform monopoly problem,and protects the competition order and public interests of the digital economy market.This paper is mainly divided into four parts.The first part mainly proposes the existing problems by analyzing the status quo,and then analyzes the problems.The following three chapters correspond to the three specific problems raised in the first part.The first chapter mainly analyzes the economic responsibility in anti-monopoly enforcement.First,clarify the meaning of economic responsibility in anti-monopoly,the difference between it and other types of responsibility,etc.,explain the specific content scope of economic responsibility,and the status of economic responsibility in all responsibility systems in the process of anti-monopoly enforcement..Secondly,based on the current practice of anti-monopoly law enforcement,the case description and analysis are carried out,and the current liability forms are classified,which are mainly divided into the form of simple fines and the confiscation of illegal gains and fines,and the relationship between the two is analyzed.Finally,on the basis of the definition of the concept in the first section and the case analysis in the second section,three problems in the current practice are put forward,and they become the themes of each chapter and are discussed separately below;The second chapter discusses the principles that punitive liability should follow.There are three main principles.The most important principle is not to let the offenders benefit from the violation.The current punishment is too light,and the influence of monopolistic behavior is far-reaching.The benefits brought to a single monopoly are long-lasting,wide-ranging,and huge.,resulting in the current practice,even after the law enforcement agencies punish the behavior,there is still a great incentive for violators to violate the law,because the behavior can bring benefits.At the same time,illegal income can be used as the bottom line for punishment,at least the amount of punishment should not be less than the amount of illegal income(if the illegal income is not confiscated),and it is necessary to make clear that the amount of punishment is determined on the principle of making up for the damage caused by social and public interests as much as possible.The upper limit,in the end,needs to comply with the principle of equal punishment,and balance the relationship between the degree of violation and the amount of punishment;The third chapter discusses the fine basis of punishment in detail.First of all,starting from the general theory of determining the calculation basis,since the calculation basis of punishment needs to have a reasonable basis,the most basic general theory for determining the calculation basis is the calculation of illegal gains and the perspective of causing damage.By comparing foreign experience,two methods of determining the basis of calculation are summarized,one is the calculation mode based on the total illegal profit,and the other is the calculation mode based on the relevant illegal sales in the illegal year.These two types of data reflect the view of illegal regulation and the view of competition compensation.These two methods are reasonable to a certain extent as the basis for the calculation of punishment,but each has its own emphasis.The second section analyzes the calculation basis in the current law enforcement practice.The current practice is unreasonable.It is only based on the calculation convenience to choose the sales volume of the behavior relative in the previous year as the calculation basis,which lacks legal basis and stipulates that It is too principled,the punishment is small,and it is difficult to achieve the desired regulatory effect.Section 3 proposes the calculation basis that should be adopted based on the above analysis combined with my country’s historical law enforcement practice and current situation,that is,the sales of related products and markets in the previous fiscal year on the date when the perpetrator’s illegal act ended,multiplied by the duration,and given under special circumstances.Law enforcement agencies have certain options in terms of annual sales,taking into account the feasibility of actual calculation and legal rationality;The fourth chapter discusses the determining factors of the penalty coefficient.At present,the current law sets a range in the punitive liability,which is at the discretion of the law enforcement agency.However,the administrative decision letter often lacks the demonstration process for the determined coefficient,and the coefficient is generally low,which does not give full play to the role of the range.The determination of the coefficient is very important in the determination of the final penalty amount.The determination of the coefficient mainly requires a specific analysis of the harm caused by the illegal act,the perpetrator’s own situation and industry characteristics,and comprehensive consideration of the offender’s other responsibilities and his own tolerance.Ability and special factors in the case,determine the final amount of fines,realize the principled goal of economic liability regulation,so that the final economic liability can play a deterrent effect on illegal acts.