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宽恕制度的理论依据宽恕制度,是指经营者在卡特尔未被发现之前,或在执法机关发现之后着手调查之前主动向执法机关报告,并给予持续、全面的协助调查,执法机关对其予以减轻处罚的反垄断制度。宽恕制度被认为是反垄断执法机关调查卡特尔最有效的方式,已被越来越多的国家和地区开始引入使用。制定宽恕制度的基础是经济学的“囚徒困境”理论,其原始模型是:两个嫌疑犯犯案后被警方抓住,被分别关在不同的房间里接受审讯。警方知道两个人有罪,但缺乏足够的证据定罪,除非两人当中至少有一个人坦白。警方将他们关入不同的房间,使他们不能彼此传递信息,并对他们说明不同行为带来的后果。如果两人都不承认,将均被判入狱1年;如果另一个人
The theoretical basis for the leniency system The leniency system means that an operator voluntarily reports to a law enforcement agency prior to the discovery of a cartel or before the law enforcement agency starts the investigation and gives a sustained and comprehensive investigation to assist the enforcement agency in mitigating it Antitrust system. Forgiveness system is considered as antitrust law enforcement agencies to investigate the most effective way cartel, has been more and more countries and regions began to introduce the use. The system of making forgiveness is based on the “Prisoner’s Dilemma” theory of economics. The original model was that two suspects were seized by police and were interrogated in separate rooms after being convicted of crimes. The police knew both were guilty, but lacked sufficient evidence to convict unless at least one of the two men confess. The police locked them in different rooms so that they could not pass on information to each other and explained to them the consequences of different actions. If neither of them admits, both will be sentenced to 1 year in prison; if another person