A Study on Legal Problems of Leniency Programmes

• Main Authors: Chiu, Tzu-Fen, 邱子芬
• Other Authors: 何曜琛
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/02716598137150620478

碩士 === 東吳大學 === 法律學系 === 101 === Since 2008, many companies of Taiwan are determined the implementation of cartels by the United States and European Union competition law authority, and illegal corporate and individual were punished for criminal or administrative liability. How to use the leniency program effectively to fight against cartels has become an international consensus and an essential issue of national competition policy. Under the advocacy of the OECD, Taiwan has established leniency program. Because of the United States and the EU have played important role in the global competition market and the competition law, and there are many differences between the contents of their leniency program. Therefore, the thesis will review relevant studies to analyze these differences and find out differences and similarities among leniency program of the United States, EU and Taiwan. In the other hand, the thesis also take a view of Fair Trade Law in the cartel and leniency program on the relevant provisions of virtue or vice, and to provide advice for inadequacies of the law. Secondly, in examining leniency program, the thesis finds differences in respect of the application timing, cooperation with investigation, the degree of leniency, the entities covered, the timing to exit cartel, liability for damages, and law systems. Except for comparing with leniency program of the United States and EU, the thesis proposes the problems and contradictions of leniency program in our Fair Trade Law. Also review the status of enforcement, then make suggestion of our law system to revise in the future. Finally, the expectation of the thesis is to examine the relevant provision of our Fair Trade Law by reviewing the regulation of the cartels in different countries. In addition, as a reference to the United States leniency program, expand the scope of our leniency program to allow individuals to apply for leniency program and bring in “amnesty plus”. Furthermore, the thesis hope can provide Fair Trade Commission the future direction of law enforcement in cartel cases.