China's anti-monopoly fines have the dual functions of depriving illegal gains and penalizing.However,there are still interpretive ambiguities in the calculation of"last year's sales"as the basis for China's antitrust fines.The limitations of the one-dollar fine structure in the form of interval multiplier and the need for the fine to be compatible with the institutional purpose of"confiscation of illegal proceeds"make the reasonable definition of"previous year's sales"of practical significance.Guided by the legislative purpose of the Antimonopoly Law and based on the logical foundation of deterrence theory,in principle,the"previous year"should be interpreted as the year of the existence of the illegal behavior that is closest in time and most relevant in fact to the time when the enforcement agency imposes the penalty,and"sales"should be interpreted as the"total sales".This definition is consistent with the principle of proportionality.However,in exceptional cases,law enforcement or judicial authorities may also be permitted to interpret"sales"as"sales involved in the case"through typological summaries,in order to alleviate the disadvantage of excessive penalties that may exist in individual cases.
关键词
反垄断/罚款基数/上一年度销售额/威慑理论/法律解释
Key words
anti-monopoly/basis of fines/the previous year's sales/deterrence theory/legal interpretation
万方数据