Study On Anti-trust Reconciliation System

Dynamic competition promotes economic prosperity under the conditions of market economy. However, those illegal monopolistic behaviors have damaged the development of the market economy. This can not be standed by those states and governments determined to develop the economy and improve people's livelihood, therefore, it is imperative to curb the illegal monopoly. However, anti-monopoly is costly and sometimes very high . This requires law enforcement agency should invest as much as possible with minimum capital for maximum returns. Because of its low cost and high efficiency, anti-trust reconciliation is gaining the favor of law enforcement agencies around the world as an effective way to resolve the monopoly disputes. According to the survey, the European Commission settled through conciliation as high as 90% after investigating illegal cases. As to the content, the anti-trust reconciliation is in the anti-monopoly law enforcement agencies investigation process, the parties through equal consultation, to reach agreement for the purpose of ending the dispute of antitrust dispute settlement. It provides a new idea for anti-monopoly in this way. China adopted "anti-monopoly law" in 2007 Article 45 stipulates: "As for a suspicious monopolistic conduct that the Anti-monopoly Law Enforcement Agency is investigating, if the business operators under investigation promise to eliminate the effects of the conduct through the use of concrete measures within the time limit prescribed by the Anti-monopoly Law Enforcement Agency, the Anti-monopoly Law Enforcement Agency may decide to suspend the investigation. The decision on suspending the investigation shall state the concrete measures as promised by the business operators under investigation. "The article states that antitrust reconciliation system is formally established in China. The implementation of this system will play a very considerable role for the anti-monopoly law enforcement agencies to focus limited resources to solve major cases, reduce costs and improve efficiency. However, while SAIC has developed the relevant anti-monopoly regulations to refine system of commitments, the operability of the antitrust reconciliation is still not strong. To this end, it is necessary to make systematic research on anti-trust reconciliation system in order to better serve China's anti-monopoly practices.This article through document analysis,normative research,empirical study,comparison of reference and other research methods, focuses on related issues of anti-trust reconciliation, starts from the basic theory of anti-trust reconciliation, explores the status as well as the problems of the system, supplys proposals to improve China's anti-trust reconciliation system combining with other countries outside or regions similar experiences.In addition to the introduction and conclusion, this article's main content is divided into four parts.In the first part of the article, the basic theory of anti-trust reconciliation system will be presented. Firstly is to define the anti-monopoly reconciliation on its content, the anti-trust reconciliation means:It is the dispute resolution that in the investigation process started by the anti-monopoly law enforcement agency ,the parties through equal consultation, reach agreement to end the dispute of antitrust dispute; as to its characteristic, the anti-trust reconciliation is not only contract, but also transaction; and then through the characteristics of the anti-trust law, the difficulty of anti-monopoly law enforcement, the impact of moderate law enforcement concepts as well as economic globalization, deeply elaborate the generated necessity of anti-trust reconciliation; Finally, we discuss role of reconciliation in the antitrust practice, first, it helps to save cost and enhance efficiency, the second , it helps to achieve substantial justice, the third , it helps to maintain equity and enhance well-being. Through the part of the discussion, we can have a more macro and deep understanding of anti-trust reconciliation system,and make full theoretical groundwork in the later specific dissertation.The second chapter is description of status as well as problems of the China's anti-monopoly reconciliation system. This part is detailed investigation through the anti-monopoly reconciliation laws, the start of anti-trust reconciliation, the application conditions and the scope of anti-trust reconciliation ,the supervision of antitrust reconciliation, the relief of respondents. Some problems will be discovered, that is, first, the system of balance is inadequat, secondly, lack of protection of stakeholders, and thirdly , the corresponding supervisory mechanism is not sound. The existence of these problems will certainly affect the effectiveness of reconciliation.The third chapter is discussion on the status quo and its reference of other countries or regions'anti-trust reconciliation . This section examines the legislation and the relevant practices of anti-trust reconciliation in detail about the United States, European Union, Japan, Taiwan and Germany, the United Kingdom, South Korea, Brazil and other countries and regions, we refine and make summary of those experience to provide a more comprehensive and workable reference and learning for the perfect of China's anti-trust reconciliation system.The fourth chapter are recommendations on improving China's anti-monopoly reconciliation system. In this part , in order to mprove China's anti-trust reconciliation system ,the author thinks : firstly ,we should adhere to these principles clearly, that is: the principle of balance of interests, the principle of openness and transparency as well as the principle of non-compliance is no longer permited reconciliation, so that it can help to grasp the spirit of reconciliation system in real terms for law enforcement agency; and then in connection with the deficiency of China's anti-trust reconciliation system, the author puts forward specific ideas, that is, firstly, make a competitive impact assessment to eliminate the randomness of anti-monopoly law enforcement agency , and secondly, improve the participatory mechanisms to enhance the protection of the interests of stakeholders, and thirdly , achieve a regular monitoring mechanism. Discuss in detail through this part, the author hopes to provide practical recommendations for China's anti-trust reconciliation system, so as to better promote the implementation of the system in our country.