Antitrust Enforcement Reconciliation System

The conciliation system has quite a few advantages in its nature. As a result, it is welcomed in many countries and playing more and more important role in the enforcement of anti-trust law. Meanwhile, nothing can be perfect. This system has too its limitations, and inducing problems during its application. In this dissertation, I will try to find certain way to make some breakthrough based on analysis of possible problems.The first part mainly lays out general analysis of conciliation, in which I will focus on the origin and development of it and its application in certain typical countries. At the same time, I will talk about the nature of conciliation which foreshadowing the following parts.The second part is basically about the legitimacy and rationality of conciliation. Based on the analysis of the application of contract in public law sphere, the binding nature of public law comparing to freedom of contract, and the protection of public interest and third party, I will demonstrate the legality of introducing conciliation into public law enforcement. Also, I will argue the rationality of conciliation from the correspondence of conciliation and anti-trust law in their objectives, the assistance effect to anti-trust law enforcement and economization on enforcement cost.In the third part, I will present the limitation of conciliation, which has a lot to do with its uneven structure, information asymmetry, disunity of standard and abstract in surveillance. However, I reckon that all these limitations can be avoided within the system.In the fourth part, I will present my ideas on the construction of conciliation system. All the following aspects will be considered: the conciliation contract, the scope of its application, the triggering system, the content and effect of the contract, the protection of public interest and third party, the performance and surveillance of the contract and the relief system.All the foregoing parts will be summarized in the last part.