System Of Antitrust Law Commitments

The commitment system of antitrust law means the law enforcement agency of antitrust consults with the manager who is involved with the antitrust that the manager promises that any conducts involved with the antitrust should be stopped and all the bad consequences should also be eliminated in the process of investigating the antitrust case and no formal verdict has been made, meanwhile the law enforcement agency stops the investigation of antitrust. The advantage of the commitment system is mainly that it skillfully overcomes the difficulty of the antitrust law enforcement. And compared with the traditional methods of antitrust law enforcement, it is a flexible kind of law enforcement method which is equipped with the character of "low cost and high efficiencies". So it harvests the recognitions of the countries all over the world.The Antitrust Law of our country which has been put into force on August1th,2008also regulates the antitrust commitment system in the article45and specifies the status of this rule in our country’s antitrust law; in addition, the State Administration of Industry and Commerce and National Development and Reform Commission details this system through the procedures of the antitrust law enforcement. The introduce of the antitrust law commitment system meet the needs of our economic and social development and antitrust law, but because of the short time of establishment of this rule in our country, the shallow research in the academic circle and the immature legislation, the development of the antitrust law commitment system of our country still locates in the initial stage with many defects and problems. Based on the thinking of the " Telecommunication, Mobile Antitrust Case", This article analyzed the concrete contents and legislative features of our commitment system by the way of classifying the legal regulations of our antitrust law commitment system; at the same time, it also raised the primary problems of our commitment system which includes no regulations to the basic principle, application condition and arrangement of the antitrust system, the rights and obligation of managers and supervisory mechanism to the performance of managers, no protection mechanism to the third party and social public interests, the obscure regulation and no necessary legal control to the discretion power of the law enforcement agency and so on. Moreover, the writer also researched and approved the rationality of establishing the antitrust law commitment system in our country from the views of the fundamental value and reasonable produce and so on. Confronting with the short comings of our commitment system, the writer proposed the six countermeasures improving our antitrust law commitment system combining with our specific state condition in order to strengthen feasibility of our antitrust law commitment system and the effects in the practice of law enforcement. The countermeasures embraces confirming the basic principles of commitment system, regulating the application condition and arrangement of commitment system, specifying the rights and obligation of the manager, constructing the supervisory mechanism of manager’s performance, stipulating the legal control measures to the discretion power of law enforcement agency, establishing the protection mechanism of the third party and social public interests.