| Leniency program is an effective tool in anti-monopoly execution to combat cartelswhich has made great achievement in cracking cartel. The regulation originated in theUnited States in1978, and then Canada, the United Kingdom, France, Germany, SouthKorea, Taiwan region of China and other places have established Leniency program.The Anti-monopoly Law of china which was implemented on august1stin2008hasstipulated Leniency program in the article46, but the regulation is too general topractice. The paper focus on the basic theory of leniency program, analysis of the statusquo of leniency program in Chinese anti-monopoly law, and make recommendations toimprove the Leniency program in accord to Chinese national conditions.According to the structure that“introducing basic theory—introducing leniencyprogram in the United States and the European Community—evaluating status andproblems of leniency program in our country—completing leniency program inChinaâ€author separated the article into four parts, and the main contents are as follows.The first chapter introduces the basic issues of Leniency program, mainly explainsthe conception of Leniency program, the content of leniency program, the effect ofleniency program.The second chapter introduces leniency program in the United States and EuropeanCommunity, in the hope of offering experiences to improve our leniency program inChinese legislation.The third chapter analyzes status and problems of Leniency program in our country.The problems include six aspects, such as uncertainty of applicants; simple applicablecondition; and uncertainty of incentive mechanism; lack of applicants’ obligation, toomuch discretionary power of anti-monopoly law enforcement agencies and lack ofleniency procedure.The fourth chapter gives suggestions to perfect leniency program in China. Weshould clearly define the scope and the obligation of the applicants; make sure theapplicable condition; improve incentive mechanism and so on. |
