Author(s)

Richard Smith

Affiliation(s)

Duke University, Durham, North Carolina 27708, USA.

Corresponding Author

Richard Smith

ABSTRACT

According to Articles 46 and 47 of China’s Anti-Monopoly Law, through analysis of many cases in which illegal monopoly operators were punished, it can be found that the problem of small anti-monopoly fines and the lack of application of “illegal confiscation” in law enforcement practice "Income" question often arises. This article combines the actual situation in China , analyzes the advanced experience of other countries and regions, and puts forward several suggestions for improving the current situation of antitrust penalties: implement the combination of "fines" and "confiscation of illegal gains"; learn from advanced overseas models, such as the introduction of collective Litigation mechanism; Adopt anti-monopoly administrative penalties based on “fines”. Improve the antitrust penalty system from all aspects of legislation, law enforcement, and judiciary, and it can make China's Anti-Monopoly Law more operational and better prevent and curb illegal monopoly behaviors.

KEYWORDS

Fine intensity; Confiscation of illegal gains; Illegal monopoly

CITE THIS PAPER

Richard Smith. Legal application of antitrust fines and confiscation of illegal income. World Journal of Sociology and Law. 2024, 2(1): 20-24. DOI: 10.61784/wjsl240149.

REFERENCES

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