The Comparative Analysis of Leniency Programs in Cartel Investigations in the United States and China : The Law and Practice

The Anti-Monopoly (Anti-Competition Law of the People's Republic of China (PRC) is a recent development of the state following the opening up and reform of the 1980s. The Anti-Monopoly Law of PRC learned many experiences from the western world, such as the United States and the European Union that have experienced more than a century. But the young Anti-Monopoly Law of PRC has a comparable status of stabling market and consumer protection with the legal regime of the European Union in which most principles are transplanted. On the other hand, the Chinese Anti-Monopoly Law has its own Chinese Characteristics, such as the adoption of abuse of administrative power to eliminate or restrict competition as a manifestation of state interference. While in areas of cartel agreement investigation and leniency programs, though there are quite many similarities with the Anti-Trust Law of the United States, the paper argued that being the behavior of cartel is not a criminal act and regarded as administrative misconduct, its deterrence effect is minimal that needs some revisions. Besides, the paper argued that some institutional arrangement warrants for Anti-monopoly acts protection and enforcement institutions