Study On The Scope Of Application Of The Commitment In The Enforcement Of Anti-monopoly Law

As a effective way to resolve the monopoly disputes, the commitment system of anti-monopoly law is growing popularity for its high efficiency and low cost. Many countries have established the system. However, the system also exist risks in operation, such as public interest damaged, power rent-seeking, power abused and so on. Therefore, limiting the applicable scope of commitment system of antitrust enforcement has become the inevitable choice to perfecting the system for all countries and regions. By reason of the antitrust laws of our country is in a fledgling stage, the definition of the scope of the commitment system is relatively vague and this may greatly weak the applicable effect of commitment system. This paper is based on the study on legislation and enforcement of other countries and regions about commitment system applicable scope and defines the scope of the commitment system from four aspects of behavior type, subject, time and space by equity and efficiency, the core value of the anti-monopoly law. Then put forward the perfecting proposal accorded to the deficiencies of the scope of commitment system in Chinese anti-monopoly law.Except the introduction and conclusion, the paper divided into three chapters.The first Chapter:Definition of basic concepts on the scope of antitrust enforcement commitment system. This chapter defines the basic concepts of enforcement of antimonopoly law,commitment,scope of application first. Then defining the basic concepts and connotation of scope of the commitment system.The second Chapter:Study on legislation and enforcement of other countries and regions about commitment system applicable scope and define the scope of the commitment system.This chapter is based on the study on legislation and enforcement of America,European Union,Japan and Taiwan regions about commitment system applicable scope and defines the scope of the commitment system from four aspects of behavior type,subject,time and space by equity and efficiency, the core value of the anti-monopoly law initially.The third Chapter:The situation of anti commitment system of china and the suggestion to perfecting. This chapter focuses on the anti commitment system of china. Through the analysis of the situation of legislation and enforcement on commitment system applicable scope, some suggestion is given to perfecting the determination of the scope of commitment system in Chinese anti-monopoly law.