The Research On Anti-monopoly Law Enforcement Reconciliation System

In the anti-monopoly law, the law enforcement has two kinds of processing modes, official and unofficial. As a fundamental mode of unofficial law enforcement, anti-monopoly law enforcement is an indispensable part in the anti-monopoly law’s multiplex dispute solution mechanism. The anti-monopoly law enforcement reconciliation system is a system which generally refers to the anti-monopoly law enforcement agency carries on the conciliatory consultation with the surveyor in the investigation process or before the final ruling of anti-monopoly case, and according to the consultation, if the surveyor agree to stop or change the behavior which is accused, and guarantee that they will never engage in the behavior which violate the anti-monopoly law, so the anti-monopoly law enforcement agency may stop the investigation, and abolish the case. Now this system is used for more and more countries and areas, for example, the USA, Japan and European Union. The contract theory and the free judgment power in administration theory are the typical legal theories basis of this system; also we can find the theory basis of achieving conciliatory from the economic angle, such as cost-benefit analysis method and Karldor-Hicks principle. The pursuing efficiency is the anti-monopoly law’s important value goal, and the anti-monopoly law enforcement reconciliation system’s most prominent value lies in the efficiency. By its implementation, it not only saves the cost of anti-monopoly law enforcement, also raises the efficiency of anti-monopoly law enforcement. The anti-monopoly law enforcement reconciliation system is also advantageous in realizing the social substantive justice, and promotion for society harmonious. But the system also has some drawbacks, such as weakening the deterrent effect of antitrust laws, ignoring the protection of interested parties and the lack of supervision of the reconciliation process. The anti-monopoly law enforcement reconciliation system has its specific entity content and procedure system. Its application to national conditions and scope of the specific regulation of monopolistic behavior varies. Its content request is concrete, and must tally eliminate the consequence of a suspect to monopolize the behavior; its procedure includes the proposing of reconciliation, the public announcement, the fulfillment and the surveillance. The45th article of our country’s "Antimonopoly law" has stipulated the commitment system. The commitment system is in essence one way of anti-monopoly law enforcement reconciliation. Looking from the article content and the structure, our country’s anti-monopoly law commitment system has referred to the developed country’s similar system to a certain extent. But our country’s anti-monopoly law just promulgated soon, its article is also too simple and principle, and it lacks the necessary supporting measures, thus it does not favor the operation and execution. So, through entrusting the law enforcement agency with reconciliation start power, consummating the supervising mechanism, establishing reasonable penalty mechanism in view of the operator breaking the contract, and strengthening the protection measures to interests, which can strengthen our country anti-monopoly commitment system’s implementation effect.