依据经济合作发展组织(OECD)之调查报告书,指出竞争法主管当局实施宽恕政策,将有助于打击诸如限制价格、限制产出或划分市场等恶性卡特尔行为。盖卡特尔行为具有密室谋议之特性,因此难以取得其违法事证,是以宽恕政策之实施,对于通报违法事证之卡特尔成员,给予减轻或免除制裁之奖励,即有提升竞争法主管机关发现及查处卡特尔之成效。美国为首先实行宽恕政策之国家,随之欧盟、德国、韩国及日本等国亦相继实行。近年来,由于OECD会员国加重对于违法卡特尔之处罚,促使宽恕政策制度愈具实施功效。归纳该等竞争法主管机关之执法经验,显示宽恕政策许可减免处罚金额之条件愈趋于客观明确者,愈有帮助其政策实施之功效。当前,我国台湾地区公平交易法及大陆反垄断法即将实施宽恕政策,是以本文尝试探讨各主要竞争法国家相关制度之优劣,提供几点参考建议:首先,我国台湾地区公平交易法及大陆反垄断法皆应强化对于卡特尔行为之制裁措施,我国台湾地区公平交易委员会及大陆反垄断委员会应订定其罚款金额之计算准则;其次,宽恕政策之实施办法应明确揭示免除或减轻处罚之裁处标准,以促使涉案业者乐于提出申请;最后,执法实务应调整对于同业公会或行业协会实施卡特尔行为之处置,俾确保宽恕政策之实施成效。 According to the OECD investigation report, it is pointed out that the enforcement of leniency policies by competition law authorities will help combat the vicious cartelism, such as limiting prices, limiting output or dividing markets. It is therefore difficult to obtain unlawful witnessing evidence because of its secret chamber plan, which is based on the leniency policy of imposing a reward for mitigating or exempting sanctions against members of the cartel who have given notice of a violation of the law, that is, to raise the charge of competition law The authorities discovered and investigated the effectiveness of cartels. The United States is the first country that implements forgiveness policy along with the EU, Germany, South Korea and Japan. In recent years, due to the OECD member countries aggravating the penalties for illegal cartels, the more effective the leniency policy system has been implemented. To sum up the experience of law enforcement agencies of competition law agencies shows that the conditions for the leniency allowance exemption and punishment are becoming more and more objective and clear, and the more they help the implementation of their policies. At present, the fair trade law of our country in Taiwan and the imminent anti-monopoly law of mainland are about to implement the policy of leniency. This article will provide some suggestions as to the advantages and disadvantages of the relevant systems of the main competition law countries in this article. First, the fair trade law of our country in Taiwan and the mainland Antitrust law should strengthen sanctions on cartel’s sanction measures, Taiwan’s Fair Trade Commission of China and the mainland antitrust committee should set the calculation criteria for the amount of the fine; Second, the lenient policy implementation measures should be clearly disclosed to relieve or mitigate the punishment Finally, the law enforcement practice should adjust the implementation of cartel actions for guilds or guilds, so as to ensure the effectiveness of the leniency policy.