Introspection Of The Improvement Of PRC Anti-trust Commitment From The Microsoft Reconciliation Case

Anti-trust Commitment (Anti-trust reconciliation), as the system of antitrust law,means: It is the dispute resolution that in the investigation process started by theanti-monopoly law enforcement agency, the parties through equal consultation, reachagreement to end the dispute of antitrust. Anti-trust Commitment is informal, and asone of the most important system of modern antitrust law, it is widely used by manycountries and regions.With the development of Chinese economy, anti-monopoly law is playing more andmore important role in legal practice. And anti-trust commitment，as a way ofnegotiating cooperative mild conforms to the trend of modern law, also accord withthe requirement of economic development in China. Article forty-fifth of China’s"anti-monopoly law" made provisions of anti-trust Commitment, but slightly generaland there are still some problems in the practical application. Legitimate andreasonable standard regulations are needed for China’s anti-trust Commitment to beable to implement effective. This dissertation takes a typical Microsoft antitrustsettlement case as the angle of view, uses comparative analysis of research methods,studies from the aspects of area and conditions of application, system construction,enforcement constraint and supervision mechanism of anti-trust Commitment, inorder to promote better understanding of anti-trust commitment and put forward asound proposal, to enable them to better use. In addition to the introduction and conclusion, this dissertation is divided into fourparts.The first part of the dissertation is Microsoft antitrust reconciliation case introduction.This part expounded the United States of America Microsoft antitrust settlement(1998), the European Union Microsoft antitrust settlement (browser case) and TaiwanMicrosoft antitrust settlement and made a comparative analysis of legal system ofanti-trust commitment of these area.In the second part of the dissertation, the basic theory of anti-trust commitmentsystem will be presented. Firstly is to define the anti-monopoly reconciliation on itscontent. On this basis, connections and differences are discussed between this systemand other system such as anti-monopoly leniency. The rationality of the existence ofanti-trust reconciliation is also discussed in this part.The third part of this dissertation is the analysis of the value of anti-trustcommitment.This part is mainly about the advantage of anti-trust commitment inanti-monopoly law practice compared with the traditional way of law enforcement.The finiteness of anti-trust reconciliation is also discussed in this part.The last part of this dissertation is the analysis for China’s anti-trust commitment. Thispart made the provisions of anti-trust commitment in our country, and made theanalysis of China’s "anti-monopoly law" article forty-fifth. Based on the formercomparative analysis of the United States, the European Union and Taiwan’s anti-trustreconciliation, it find out the main problems existing in China’s anti-trustreconciliation and put forward relevant suggestions.