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Stolt-Nielsen案之前,DOJ的公司赦免政策从来没有受到司法审查,所以,这起案件给生机勃勃的公司赦免诉讼及赦免协议的执行蒙上了阴影。DOJ权力不当的行使不仅受到了告密者的挑战,而且最终被法院否决。在制定反垄断法之后,垄断行为的普遍存在表明政府也会失灵,经济法的任务不仅在于克服市场失灵,还应包括克服政府失灵。DOJ的权力行使应以社会整体利益为前提,同时受到权力来源合法与权力行使程序要合规的控制。契约原理在反垄断法中的应用,表明着国家调节对“无限接近正义的”效率不懈追求。
Prior to the Stolt-Nielsen case, DOJ’s corporate pardon policy had never been subject to judicial review, so the case cast a shadow over the vigorous corporate amnesty and enforcement pardons. The improper exercise of the DOJ was not only challenged by whistleblowers, but was eventually rejected by the courts. After the enactment of antitrust law, the prevalence of monopolistic behavior indicates that the government will also fail. The task of economic law is not only to overcome the market failure, but also to overcome the government failure. DOJ’s exercise of power should be based on the overall interests of society as a prerequisite, subject to legal control over the source of power and exercise of procedures of power. The application of the contract principle in antitrust law shows that the state regulates the relentless pursuit of the efficiency of “infinitely close to justice.”