Anti-trust Commitment System

With the promulgation of the Antimonopoly Law, the implementation of theanti-monopoly law to become a universal concern of the community, however, to makereal and effective implementation of anti-monopoly law, must develop a set ofscientific and reasonable enforcement procedures.From the national practice of modernantitrust enforcement approach gradually from the stern toward mild in this case, thecommitment system as the representative of a large number of non-mandatory lawenforcement system came into being, commitment to the system not only improves theefficiency of anti-monopoly law enforcement agenciesto promote and safeguard socialequity.China will also be the introduction of such a system of legislation to bringvitality to the anti-monopoly enforcement.China anti-monopoly law "45and otherrelevant laws and antitrust system of commitment required by the specification of thescope of the main rights and obligations and commitments of the security system thereare insufficient, to be further improved.This article is divided into a total of four parts, including the following:Part I: an overview of the system of anti-trust commitment.Expounds the meaningof the anti-trust commitment system.From the impact of the global economy, the riseof the right to restrict, as well as anti-trust uncertainty, as well as law enforcementblock, etc. to reveal the root causes of anti-trust commitment system.Analysis of thesuperiority of the system and the progressiveness of commitment from political science,sociology, philosophy, law and economics, it reflects the legal value of the pursuit offairness, justice, efficiency, and protect the rights of the people; fully mobilize thepartyThe initiative, saving a lot of law enforcement resources and costs; the abuse ofrights of law enforcement agencies played a restrictive role.Is also suitable foranti-trust commitment system was introduced to China, China’s traditional culture "andyour" thinking is the same strain, in line with China’s current legal background andsocial background, the international trend, anti-trust commitmentsystem is the trend of times.Part II: the anti-trust commitment system in the practice of States andComparative Study.Introduces the consent judgment and Consent Order in the UnitedStates, the EU’s informal closed, the German system, the acceptance of anundertaking’s advice to review the decision and agreed to review the decision, SouthKorea’s advice to correct the illegal system of conditional measures and administrativereconciliation system in Taiwan, they are anti-trust commitment to the mainperformance of the system in various countries and regions.National legislation, wefound that the anti-monopoly law enforcement agencies that no longer held theresponsibility of the respondents alleged monopolistic behavior.Is the anti-trustcommitment system has a non-mandatory, discretionary, program selectivity and othercharacteristics.But countries in the commitment, effectiveness and commitment tonature of the commitment to have different regulations.Part III: anti-trust committed to the standardization of the system.Due to the lackof standardization of physical standards and procedural framework, the anti-trustcommitment system in practice, the fairness of the phenomenon in question.In order tomaintain and protect the commitment to implementation of the system, we must followthe constraints principle, the principle of autonomy and protection principles toregulate the anti-trust commitment system.The scope of application of the commitmentsystem, many countries are not clearly defined, serious law-related cases, consuming alarger program cost cases, and legal technical factors can not be operated cases shouldbe excluded.The main law enforcement agencies in the commitment system, Protectthe rights of a third person, third person should enjoy the right to participation in theproceedings, the right to obtain relief.Law enforcement agencies, abuse of rights,anti-trust in the commitment system, that may arise relative to defend their rightsthrough administrative reconsideration or litigation.If the relative default to fulfill thecommitment obligations, law enforcement agencies announced that the program isinvalid or the resumption of the investigation procedures. Part IV: China’s anti-trust commitment to the status of the system, less thanperfect.China’s anti-trust commitment to the system is mainly applicable to abuse ofdominant market position and operating centralized case.With Unicom Telecomantitrust investigation that "the Commerce Department released a few operators tofocus on the cases, the use of China’s anti-monopoly commitment system.You cancome to our current system of antitrust commitments play an important role in themaintenance of fairness and justice, enhance efficiency.The same time, the currentprovisions still there is insufficient does not limit the scope of application, not therelative rights protection provisions, the protection of the rights of the third person isnot in place, implementation of the protection is imperfect.Finally, these problems: thespecific scope of application of the clear anti-trust commitment system, the relativehuman rights have been infringed by the administrative reconsideration or litigation todefend the right to give the third person involved in commitment to the rights of thesystem, and implementation mayThe problems were the relief protection.