Application Of Confiscation Of Illegal Gains In Anti-monopoly Enforcement

The Anti-Monopoly Law clearly stipulates the penalty measure of confiscation of illegal income.According to the provisions of Articles 46 and 47,the penalty measure of confiscation of illegal income is applicable to monopoly agreements and abuse of dominant market position.conduct and be fined.According to the interpretation of the text,law enforcement agencies shall impose penalties on both confiscation of illegal gains and fines in anti-monopoly law enforcement cases targeting monopoly agreements and abuse of market dominance,and shall not choose one of them separately.However,in actual law enforcement cases,due to the high difficulty in calculating illegal income,the unclear calculation method of illegal income,and the impact on the efficiency of law enforcement,the anti-monopoly law enforcement agency has a higher probability of choosing to apply fines alone for punishment.The probability is low,resulting in a divergence of law enforcement and legislation.At present,my country’s "Anti-Monopoly Law" lacks operability in the provisions on illegal income.Anti-monopoly law enforcement has many problems that need to be solved,such as the scope of illegal income identification,the identification base,the identification period,and the application method.Improving the anti-monopoly law’s system of confiscation of illegal gains not only plays an important role in warning and deterring monopoly actors,but also has important practical significance for better implementation of the anti-monopoly law.Improving the system of confiscation of illegal gains in the anti-monopoly law can not only play a deterrent and deterrent effect,but also promote the smooth implementation of my country’s anti-monopoly law.First,it increases the deterrent force of anti-monopoly law enforcement;second,it increases the anti-monopoly law enforcement force.The predictability of anti-monopoly will help enterprises to independently carry out antimonopoly compliance;the third is to improve the transparency and credibility of antimonopoly law enforcement,provide a basis for anti-monopoly law enforcement,and enforce laws and regulations scientifically.Through empirical analysis of typical cases of actual law enforcement,it can be found that there are still many problems in the anti-monopoly law enforcement of confiscation of illegal income.It is difficult to measure whether there is illegal income.The calculation method is not uniform,etc.Based on the law enforcement practice and extraterritorial experience of anti-monopoly law enforcement agencies,this thesis puts forward suggestions to resolve the problem of confiscation of illegal income.Anti-monopoly law enforcement agencies can reconstruct the relationship between anti-monopoly confiscation of illegal income and fines,improve the combined application of confiscation of illegal income and fines,clearly calculate illegal income,improve the handling method when the amount of illegal income cannot be determined,and clarify the burden of proof,etc.In order to overcome many problems existing in the current anti-monopoly law enforcement,improve the anti-monopoly confiscation of illegal income system.