摘要：宽恕制度是以减免法律责任为对价，鼓励卡特尔参与者主动告密的制度。宽恕制度经历了在美国形成并在欧盟完善的过程，它以“囚徒困境”、“成本效益理论”和“胜者夺去一切”为其经济学理论基础，在打击卡特尔方面有着其独特的作用，目前被世界各国所广泛采用。我国亦在《反垄断法》中引入了宽恕制度，但是，过于原则性的规定使得该项制度不具有可操作性。我国应对宽恕制度进一步完善，规定严厉的处罚措施，制定具体而确定的宽恕条件并确定优厚而有差别的宽恕待遇，使我国的宽恕制度发挥其应有的作用。
关键词：卡特尔 宽恕制度 完善
Abstract: The leniency policy is a system to encourage cartel members to report their illegal activities to the authority with their legal responsibility diminished or exempted. The policy was set up by U.S.and innovated by EU, it is based on the theory of Prisoner’s Dilemma , Cost efficiency and Winner-Take-All. Leniency policy has its unique value in fighting against the cartel. Nowadays, leniency policy is widely used by many countries in the world, our anti-monoply law also provides the leniency policy. However, our provision is too simple and abstract, which makes it too superficial to carry out. We should perfect our leniency policy by harsh punishment, specific and certain condition, munificent and discriminatory treatment. In this way, our leniency policy will play its role.
Key words: Cartel, Leniency Policy, Perfect
