The Study On Anti-monopoly Law's Leniency Policy

With the continuous improvement of leniency policy, the relativemature leniency policy has played an increasingly important role in thepractice of law enforcement, more and more cartel cases are discoveredthrough leniency policy in the world. China introduced leniency policy inanti-monopoly law in2007, but its practical application in China isbasically in a blank state. For reasons we can easily find that the leniencyitself provides a fuzzy object, unclear application time, an unlimitednumber of applicants and uncertain preferential treatments, which makethe cartel participants cannot forecast their fates and thus not easily applyto the anti-monopoly law enforcement agencies for leniency policy. Inaddition, China lack a favorable environment for the leniency policy, suchas there is not tough penalties with cartel participants, too muchdiscretion for anti-monopoly law enforcement agencies, decentralizedlaw enforcement and lack of protection to the applicants.In view of above content, this article proposes the specificmeasures to improve China's leniency policy by analyzing the effectiveconditions to implement the leniency policy and combining the experience and lessons of other countries in the implementation of thethe leniency policy. Firstly, the improvement of the policy itself. Thisrequires refine the leniency policy and clear the applicable objects, theapplication time and conditions, the limit on the number of applicants andspecific preferential treatments. Secondly, the external security ofleniency policy. This mainly refers to the strict penalty system,specialized law enforcement agencies and the applicant's protectionsystem.