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America's antitrust laws condone policy

2019-01-16 来源: 51due教员组 类别: Essay范文

下面为大家整理一篇优秀的essay代写范文- America's antitrust laws condone policy,供大家参考学习,这篇论文讨论了美国的反托拉斯法宽恕政策。纵观美国反托拉斯法的历史,在1978年,美国反托拉斯法部门发布了他们的第一部宽恕政策,但是这一部宽恕政策可以说是完全失败的,没有一个非法卡特尔被此部宽恕政策所适用。美国反托拉斯法部门前后发布了1978年的宽恕政策,1993年的公司宽恕政策以及1994年的个人宽恕政策。这些宽恕政策的主要目的是揭发越来越多的非法卡特尔,并打击非法反垄断活动。显然这些宽恕政策发挥了有效的作用,快速的揭发了更多的非法卡特尔。

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Throughout the history of antitrust law in the United States, antitrust law authorities have issued the first forgiveness policy in 1978, the corporate forgiveness policy in 1993, the personal forgiveness policy in 1994, and the simulated forgiveness policy letter. The main aim of the 1978 leniency policy was to encourage cartel members to self-report their anti-monopoly violations to antitrust authorities. In 1993, the company's forgiveness policy was announced. The U.S. department of justice's antitrust division will provide the first opportunity to work with it and raise the issue.

Members of an illegal cartel who provide evidence to avoid punishment and a substantial fine. In 1994, the U.S. antitrust authorities issued a personal forgiveness policy. The primary purpose of the individual forgiveness policy is to provide an opportunity for individuals to avoid imprisonment, fines, and penalties if individuals cooperate with the antitrust investigation department and provide important evidence to the justice department.

Throughout the history of antitrust law in the United States, in 1978, the antitrust division of the United States issued its first policy of clemency, but this policy of clemency was arguably a complete failure, and no illegal cartel was ever subject to this policy of clemency. The policy of forgiveness in 1978.

The main aim is to encourage cartel members to self-report to antitrust authorities about their anti-monopoly violations. In 1993, the company's forgiveness policy was announced. The U.S. department of justice's antitrust division provides opportunities for the first illegal cartel to cooperate with it and provide evidence.

Members to avoid punishment, and huge fines. In 2005, the assistant attorney general Scott mentioned? Hammond: forgiveness antitrust division of the company policy has been the company's most effective survey tool. Cooperate with pardon policy applicants to uncover illegal cartels.

There are many other ways to break up illegal cartels. There are three prerequisites for the adoption and implementation of effective forgiveness policies. These preconditions are essential building blocks that must be in place before a jurisdiction can successfully implement its forgiveness policy. First, there is jurisdiction over antitrust law.

Those who participate in core cartel activities are so threatened with severe sanctions that they voluntarily report themselves. Second, antitrust authorities must make companies aware of the high risks of investigations if they do not report themselves in advance. Third, anti-cartels across jurisdictions.

To the extent possible, enforcement procedures must be transparent and predictable, giving companies a high degree of predictability about the benefits of working with antitrust authorities to expose illegal cartels and the consequences of not working with them. These three cornerstones - severe sanctions, great fear of being investigated, and in the United States.

A policy of transparency in law enforcement is an integral part of every effective policy of forgiveness.

The 1993 corporate forgiveness policy was improved and provided more opportunities for those who applied for forgiveness policy. Corporate forgiveness policy was released in 1993. It contains two types, type A forgiveness policy and type B forgiveness policy. Type A clemency applies before an antitrust investigation begins.

Relief will be granted to the company prior to the commencement of an investigation into an illegal antitrust activity if the company meets the following six conditions:

At the time the company presented the evidence, the antitrust authorities and the anti-monopoly activities have no information and evidence.

The company discovered cartel activity and acted quickly and effectively to end its involvement.

Throughout the course of the investigation, the company has ensured the candor and integrity of the reported wrongdoing, provided complete evidence, and continued cooperation with antitrust authorities to provide complete information and evidence.

An admission of wrongdoing is the behavior of an entire company, not the isolated testimony of individuals or officials.

Where possible, the company provides remedies to injured parties.

The company does not compel others to participate in the activities and is not the cartel leader or the initiator of the cartel activities.

If a company has been granted a corporate forgiveness policy, it may also apply for an individual forgiveness policy.

In 1994, the U.S. antitrust authorities issued a personal forgiveness policy. The primary purpose of the individual forgiveness policy is to provide an opportunity for individuals to avoid imprisonment, fines, and penalties if individuals cooperate with the antitrust investigation department and provide important evidence to the justice department. antitrust

The law department has also put forward the conditions and requirements of the personal forgiveness policy, and the requirements of the personal forgiveness policy are as follows:

The individual forgiveness policy will be granted to individuals who report illegal conduct to antitrust authorities before an antitrust investigation begins, if they meet the following conditions:

When individuals come forward to report illegal monopolistic practices, the division does not receive information on illegal activities reported from any other source;

Individuals report wrongdoing with candor and integrity, and continue to cooperate with antitrust authorities throughout the investigation, and provide complete information.

Individuals are not forcing others to engage in illegal activities and are not the leaders of cartels, or the initiators of cartels.

America's antitrust authorities issued pardons in 1978, 1993 for companies and 1994 for individuals. The main aim of these clemency policies is to expose the growing number of illegal cartels and to combat illegal antitrust activities. Obviously these pardons

The policy has worked, and it has uncovered more illegal cartels quickly and effectively.

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