Study On The System Of Antitrust Settlement

In many countries and religions, reconciliation has been the common practice in the enforcement of anti-monopoly law, and it has become one of important characters of modern anti-monopoly law. The foundation of establishing of system of antitrust settlement is to study it from the perspective of its value of legal-economics, and its point is to instruct two parties to negotiate for settling their issues. So antitrust settlement allows the participation of enforcement, resource conservation and improving efficiency, and make up the shortfall of traditional enforcement of anti-monopoly law. But it could not protect interests of public, relative and the third. So we must limit the extent of its applying, construct a balance-mechanism between right and duty and dynamic enforcement mechanism, and related supervising mechanism. Although it is ruled about the antitrust settlement in the 45th item in Anti-trust Law, it has many flaws and need ameliorate.In order to know well about the system of antitrust settlement, this article will analyze it in four parts.The first part introduces the background and character of the system of antitrust settlement. It is necessary for one system to appear that there is need in society. Monopolization is the product when economics developed, the state always feels powerless when it investigates monopoly depending on limited resource, and it gets little effect. The appearance of the system of antitrust settlement can settle the disputes within the law, and it also conform with the trend of from severe to moderate in the enforcement of anti-monopoly law. Overall, in the first part, in order to provide theoretic foundation for the researching of the value of antitrust settlement, we analyze its formative background, and define its character.The second part introduces the value of the system of antitrust settlement and its hidden trouble. Any systems have to have its realistic value. The system of antitrust settlement not only makes up for deficiency of anti-monopoly law, but embody democracy on enforcing law, achieve real justice, improve efficiency, save resource. Through analyzing the legal, economic and social value of the system of antitrust settlement, we make groundwork for the next part. Surely, the system of antitrust settlement has its limitation, and we illustrate some material forms, and analyze its reasons.The third part introduces the system of antitrust settlement in other countries and religions, and summarizes some of its inspirations to our country. The theory about system of antitrust settlement has been practiced in some countries, and their effects were different in different conditions of countries. So it is helpful to establish a mature system of antitrust settlement if we analyze and summarize experiences of its enforcement in foreign countries.Based on the analysis of the last three parts, the fourth part will introduce the flaws of the system of antitrust settlement in our country. With the situation of our country and the experiences of foreign countries, we provide some measures for improving its feasibility and effectiveness. Based on these studies, we hope to understand the problem better, and improve the efficacy of the system of antitrust settlement.