On The Protection Of The System Of Antitrust Commitment System

The legal basis of the our operators commitment system is the "anti-monopoly law," Article45refers to a system that on the anti-monopoly law enforcement process, respondents promised to take measures to eliminate the consequences of its alleged monopolistic behavior in a certain period of time, the anti-monopoly law enforcement authorities accepted, can suspend the investigation, and when the operators fulfill its commitments, terminate the anti-monopoly law enforcement investigation. The generation of the operators’ commitment system has make up for the lack of system supply of China’s anti-monopoly law enforcement. The law enforcement authorities of the antitrust laws is not only to achieve a efficiency of law enforcement, to prevent, deter and punish illegal monopolistic behavior, to achieve the country’s system needs which anti-monopoly law enforcement agencies represented; but also should earnestly safeguard the other parties involved in the human representatives relative the legitimate rights and interests of the stakeholders of the system demand. Commitment system of operators has just make up for the lack of demand of China’s anti-monopoly law on the latter system. In the early20th century, the commitment system of operators of the anti-monopoly law to get practice in the United States, after nearly100years of development, adopted by most countries and regions at the beginning of this century. Accompany with the recent Telecom, China Unicom monopoly case closed by operators promised, the application of this system in China’s anti-monopoly law enforcement investigations has received more and more attention. However, the widespread application accompanied with the abstract specification of this system inoperability, lack of effective supervision and restriction mechanism of the stakeholders, the absence of the protection of public interest in our China’s "anti-monopoly law". Improving the Defects and shortcomings of our commitment system is imperative. In this paper, through the analysis of the emergence and development of this system, comparative analysis of the system of the United States, European Union, Japan and China Taiwan and other countries in the region, to explore to improve our commitment system of operators’ theoretical framework, in order to understanding and using such a system batter, to build a prefect commitment system, and then to improve our anti-monopoly legislation.