Economic Research On The System Of Antitrust Settlement

One of modern antimonopoly law implementation key characters is to reach the reconciliation agreement of the monopoly behaviors between the lawman and by lawman,the accuser and by the accuser,the plaintiff and the defendant.An obvious trend of development is that most people would approve the reconciliation to the antitrust case if it does not affect public interest and consumers' welfare.Antitrust settlement not only enhances the efficiency of special enforcement agency and the court, but also guarantees to be practically fair.The law's flaw and technical difficulty in application have provided the condition for the implementation of antitrust settlement. Simultaneously,the settlement with legal function,economical function and social function has had decided its' obvious incomparable superiority to handle the counter-monopoly conflict.From traditional legal angel,antitrust settlement should pay attention to bilateral status,right,duty,the reconciliation to be fair,potent,executed,and supervised and so on.But from economic angle,more attention should be paid to cost and income,the reconciliation to the resources deployment ability,scope,both sides of reconciliation bargain the conciliatory price of the antitrust settlement back and forth through gambling.Antitrust settlement study needs to not only take it between the regulation of the reconciliation parts to analyze behaviors relationship,but also regard it as one resources most superior deployment way to discuss.Essentially,antitrust settlement is one kind of structure system connection,which includes contract,transaction,procedure and other connotations.These connotations do not conflict,and do not independently exist.It is important to study the structure system connection regarding the antitrust settlement system's theory development and the practice application through standard and real diagnosis of law and economic,not only may expand the system's research vision,moreover is beneficial to the Antitrust law,regulation and the policy-making. The main research's analysis line of Antitrust settlement system is to construct a theory explanation frame regarding it by means of the theory and tool of law and economic, and studies design and the arrangement of the Antitrust settlement system under this frame.Efficiency and justice are not only the goal of antitrust settlement,but also the principle of achieving and carrying out it.It is easily to understand correctly how efficiency and justice to utilize and achieve what goal on antitrust settlement through the concrete segmentation to antitrust settlement,and based on it to study concrete case. Antitrust settlement negotiation is the gambling process of reconciliation which both sides carry on bargain back and forth,any antitrust settlement must achieve one kind of gambling to be balanced,and otherwise reconciliation will not be achieved.Therefore needs to overall evaluation information,legal deterrent and relevant factor in system's design and the arrangement,and lead the original uncooperative gambling of both sides of reconciliation to one kind of cooperation gambling gradually,so that even more fining seek to the gambling point of equilibrium.In order to realize the supervision's validity of antitrust settlement,study the problem of supply-demand relation and the cost and income on reconciliation is needed,thus may choose the different control systems.The supervision follows antitrust settlement throughout,and public product attribution of the supervision decides the social function,the economical function which are more prominent.The research may provide the different cost and the income institutional arrangements in reality for the different antitrust settlement supervisions, thus affects its' overall efficiency and the income.From some antitrust settlement cases in the US Microsoft Corporation,the efficiency principle and the fair principle's usability were obtained efficiently.Moreover in the different time and environment, Microsoft and opponents had also realized the different gambling strategy choice as well as gambling point of equilibrium search.From that,the effective supervision guaranteed the reaching and the execution of agreement.Until today,the disputes and reconciliation of antitrust negotiations between Microsoft and some nations and areas are still to continue,and these cases will constantly verify the frame of above explanation and theory and accept the related reconciliation institutional arrangements.